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2015 DIGILAW 1151 (KAR)

S. K. Nagaraj v. State of Karnataka

2015-10-01

N.K.PATIL, P.S.DINESH KUMAR

body2015
JUDGMENT N.K. PATIL, J. 1. This appeal by the claimant/appellant is directed against the impugned Judgment and Award dated 22.9.2010 passed in L.A.C. No. 355 of 2006 by the Principal Civil Judge (Senior Division), Hassan, (hereinafter referred to as Reference Court for short). 2. The Reference Court, by its Judgment and Award, has determined the market value at Rs. 75,000/- per acre with all statutory benefits as envisaged under the relevant provisions of the Land Acquisition Act. It is the case of the appellant that the quantum of compensation awarded by the Reference Court is inadequate and requires enhancement. Therefore, the appellant felt necessitated to present this appeal. 3. In brief the facts of the case are:- The land bearing Survey No. 45/2 situated at Mallappanahalli village measuring 1 acre 38 guntas has been notified and acquired for the purpose of Yagachi Reservoir Project by the Land Acquisition Officer, by issuing a Preliminary Notification dated 4.8.1999 under Section 4(1) of Land Acquisition Act, followed by Final Notification. The Land Acquisition Officer by his award dated 7.9.2002, fixed the market value at Rs. 22,000/- per acre for garden land. Not being satisfied with the market value fixed by the Land Acquisition Officer, claimant filed an application under Section 18(1) of the Land Acquisition Act seeking reference to the jurisdictional Reference Court for determination of proper market value in respect of acquired land and the matter was referred to the Reference Court, which was numbered as LAC No. 355 of 2006. The said matter had come up for consideration before the Reference Court and the Reference Court allowed application in part with costs fixing the market value at Rs. 75,000/- per acre with all statutory benefits as envisaged under the relevant provisions of the Land Acquisition Act. Being further dissatisfied with the impugned judgment and award passed by the Reference Court, the appellant felt necessitated to present this appeal. 4. The submission of learned Counsel appearing for the appellant Shri M.N. Madhusudhan at the outset is that, the Reference Court has committed an error much less material irregularity in passing the impugned judgment and award determining the compensation without assigning valid and cogent reasons. The reasoning given in para 16 for determination of market value at Rs. 75,000/- per acre is contrary to the evidence on record. The reasoning given in para 16 for determination of market value at Rs. 75,000/- per acre is contrary to the evidence on record. Therefore, the impugned judgment and award may be set aside and the matter may be remitted back to the jurisdictional Court for consideration afresh reserving liberty to the appellant to file a fresh application to substantiate the claim made. 5. As against this, learned Government Pleader inter alia sought to substantiate the impugned judgment and award. However, after going through the reasoning given in paragraph 10 of the judgment, he fairly submitted that the matter requires reconsideration as no reasoning is given for arriving at the market value of Rs. 75,000/- per acre. Therefore, he submits that the matter may be remitted back for reconsideration in accordance with law. 6. After careful consideration of the submissions made by the learned Counsel for the parties, perusal of the impugned judgment and award, what emerges is that the land bearing Survey No. 45/2 situated at Mallappanahalli village measuring 1 acre 38 guntas was notified and acquired for the purpose of “Yagachi Reservoir Project” by the Land Acquisition Officer, by issuing a Preliminary Notification dated 4.8.1999 under Section 4(1) of Land Acquisition Act, followed by Final Notification. The Land Acquisition Officer has passed the award dated 7.9.2002, fixing the market value at Rs. 22,000/- per acre for garden land. Not being satisfied with the market value fixed by the Land Acquisition Officer, claimant has filed an application under Section 18(1) of the Land Acquisition Act seeking reference to refer the matter to the jurisdictional Reference Court and the Reference Court has allowed the application in part with costs determining market value of the land at Rs. 75,000/- per acre with all statutory benefits as envisaged under the relevant provisions of the Land Acquisition Act. While determining the market value, the Reference Court has neither considered the evidence of P.W.1 nor Exs.P8 & P9 price lists. Except making reference regarding determination of compensation under different methods, no valid and cogent reasons are forth coming for arriving at a market value of Rs. 75,000/- per acre. As rightly pointed out by the learned Counsel for the appellant, taking these aspects into consideration, without expressing any opinion on the merit or demerit of the case, we are of the opinion that the matter requires reconsideration by the Reference Court in accordance with law. 75,000/- per acre. As rightly pointed out by the learned Counsel for the appellant, taking these aspects into consideration, without expressing any opinion on the merit or demerit of the case, we are of the opinion that the matter requires reconsideration by the Reference Court in accordance with law. 7. In the light of the facts and circumstances of the case, the instant appeal is allowed. The impugned judgment and award passed by the Reference Court dated 22.9.2010, in L.A.C. No. 355 of 2006, on the file of the Principal Civil Judge (Senior Division), Hassan is hereby set aside. The matter is remitted back to the jurisdictional Reference Court for reconsideration and to pass orders in accordance with law after affording reasonable opportunity to the parties and dispose of the matter as expeditiously as possible but not later than six months from the date of appearance of the parties. The appellant and respondent are permitted to file necessary application to lead additional oral and documentary evidence within four weeks from the date of receipt of a copy of this judgment. In the event, such application is filed, the Reference Court is directed to consider and pass appropriate orders on the said application in accordance with law. Appellant and respondent are directed to appear before the jurisdictional Reference Court personally or through their advocate on 2nd November 2015 at 11.00 A.M. without notice and collect necessary further date of hearing. Learned Government Pleader is permitted to file memo of appearance within four weeks.