Shivashnappa (D) By Lrs. v. Spl. Land Acquisition Office, Karnataka
2005-04-20
ARUN KUMAR, B.P.SINGH
body2005
DigiLaw.ai
JUDGMENT : B.P. Singh, J. In the instant appeals we are concerned with Notification issued under Section 4 of the Land Acquisition Act on 27.10.1983 which resulted in an award of the Land Acquisition Collector on 22.9.1986. The Land Acquisition Collector awarded compensation at the rate of Rs. 2,500/- to Rs. 3,000/- per acre for different classes of land. The matter was taken up in reference and the Reference Court awarded Rs. 6,000/- per acre for dry lands and Rs. 9,500/- per acre for irrigated lands. 2. The award of the reference Court was again challenged before the Appellate Court namely, the Court of the District Judge which enhanced the compensation for dry lands to Rs. 8,000/- per acre and irrigated lands to Rs. 12,000/- per acre. The appellate order was challenged before the High court of Karnataka at Bangalore in M.S.A. Nos.557- 567 of 1998. 3. It is not disputed before us that the land has been acquired for minor irrigation project in Gulbarga Division. Counsel for the appellant states that by another Notification issued only a month earlier on 1.9.1983 under Section 4 of the Land Acquisition Act, some lands for the same purpose were acquired in an adjoining village. 4. The matter came up before the High Court arising out of the said Notification and ultimately the High Court awarded compensation for dry lands at the rate of Rs. 20,740/- per acre by its judgment and order of 22nd March, 2000. 5. The third Notification under Section 4 was issued on 20th September, 1984 for acquisition of adjacent lands of the same village and falling within the same survey number. The acquisition proceeding culminated in the final judgment and order of the High Court in that case on 5th March, 2002 whereby an award was made for payment of Rs. 20,000/- per acre by way of compensation for dry lands. Counsel for the appellant states that the compensation awarded for wet lands is one and a half times the compensation awarded for dry lands. 6. It is submitted by counsel for the appellant that in respect of the lands acquired in the same village and from the same survey number, the judgment of the High Court was pronounced on 5th March, 2002 awarding a compensation of Rs. 20,000/- per acre for dry lands.
6. It is submitted by counsel for the appellant that in respect of the lands acquired in the same village and from the same survey number, the judgment of the High Court was pronounced on 5th March, 2002 awarding a compensation of Rs. 20,000/- per acre for dry lands. That award has attained finality inasmuch as no appeal has been preferred by anyone and the compensation awarded has not been disputed by the claimants. He, therefore, submitted that if in respect of the adjacent lands of the same village and from the same survey number, a sum of Rs. 20,000/- per acre for dry lands was awarded by the High Court, there is no reason why the award in favour of the claimants in the instant appeals should be only Rs. 8,280/- per acre for dry lands. She submits that in the instant case Section 4 Notification was issued on 27.10.1983 while in the other case, Section 4 Notification was issued on 20th September, 1984 i.e. within 11 months. She submits that even if the compensation is slightly reduced in view of the fact that the Notification in the instant case was issued 11 months earlier, the compensation for the lands in question should be higher then Rs. 8,280/- per acre for dry lands. 7. Mr. Sanjay R. Hegde, counsel appearing on behalf of the respondent submits that though a statement has been made in an application filed by the appellants for filing additional documents that the grant of compensation at the rate of Rs. 20,000/- per acre for dry lands by order of the High Court dated 5.3.2002 has attained finality, he has to seek instructions in the matter. We grant him time to seek instructions on two issues. Firstly, whether the order of the High Court granting compensation at the rate of Rs. 20,000/- per acre for dry lands by its judgment and order dated 5th March, 2002 in respect of the acquisition initiated by issuance of Notification under Section 4 of the Land Acquisition Act on 20th September, 1984 has attained finality in the sense that as on date no appeal has been preferred against the said order.
20,000/- per acre for dry lands by its judgment and order dated 5th March, 2002 in respect of the acquisition initiated by issuance of Notification under Section 4 of the Land Acquisition Act on 20th September, 1984 has attained finality in the sense that as on date no appeal has been preferred against the said order. Secondly, he will find out whether the lands acquired pursuant to Notification under Section 4 of the Land Acquisition Act dated 1.9.1983 lie within close proximity of the lands acquired in the instant case, and if so, at what distance. 8. Put up after six weeks.