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2016 DIGILAW 906 (KAR)

LAKSHMAMMA W/O LATE CHIKKANNA v. SPECIAL LAND ACQUISITION OFFICER UTP, SHIMOGA

2016-11-30

H.G.RAMESH, JOHN MICHAEL CUNHA

body2016
ORDER : H.G. RAMESH, J. How to determine the value of the subject matter of the reference proceeding before the Civil Court (Reference Court) in the absence of claiming any specific amount in the application under Section 18(1) of the Land Acquisition Act, 1894 or before the Reference Court? This is the short question that requires to be determined in view of the objection raised by the Registry on the appeal. It is relevant to state that the value of the subject matter of the reference proceeding is necessary to determine the appellate forum provided under Section 19 of the Karnataka Civil Courts Act, 1964. 2. This is an appeal presented by landowners under Section 54 of the Land Acquisition Act, 1894 as amended in Karnataka (‘the Act’), for enhancement of the compensation awarded by the Reference Court. 3. Objection raised by the Registry on the appeal is that, in the absence of claiming any specific amount in the reference application under Section 18(1) of the Act or before the Reference Court, it is not possible to ascertain the value of the subject matter of the proceeding before the Reference Court and to examine as to whether the appeal would lie to the District Court or the High Court as per Section 19 of the Karnataka Civil Courts Act, 1964. 4. We have heard learned Counsel appearing for the appellants on the office objection and perused the record. Learned counsel for the appellants submitted that there is no requirement in the Act or in the Rules to claim any specific amount in the application under Section 18(1) of the Act or before the Reference Court. 5. We notice that no specific amount is claimed either in the application filed by the appellants under Section 18(1) of the Act or before the Reference Court. In the application, they have only stated that the market value of the acquired land determined by the Land Acquisition Officer is inadequate, and therefore, sought for referring the matter to the Reference Court for determination of market value of the land. 6. Forum of appeal has to be determined as per Section 19 of the Karnataka Civil Courts Act, 1964. It depends on the value of the subject matter of the proceeding before the Reference Court. Hence, it is necessary to ascertain the same to determine the appellate forum. 6. Forum of appeal has to be determined as per Section 19 of the Karnataka Civil Courts Act, 1964. It depends on the value of the subject matter of the proceeding before the Reference Court. Hence, it is necessary to ascertain the same to determine the appellate forum. In this context, reference may be made to a Full Bench decision of this Court in Indian Council of Agricultural Research vs. Smt. Varija & Ors. [ILR 2011 KAR 499]. Section 19 of the Karnataka Civil Courts Act, 1964 also requires to be noticed: “19. Appeals from Senior Civil Judge.- Appeals from the decrees and orders passed by a Senior Civil Judge in original suits and proceedings of a civil nature, shall when such appeals are allowed by law, lie:- (1) to the District Court, when the amount or value of the subject matter of the original suit or proceeding does not exceed ten lakh rupees; (2) to the High Court, in other cases.” Sections 18 & 54 of the Act, as amended in Karnataka, may also be noticed: “18. Reference to Court.—(1) Any person interested who has not accepted the award or amendment thereof may, by written application to the Deputy Commissioner require that the matter be referred by the Deputy Commissioner for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested. (2) The application shall state the grounds on which objection to the award or the amendment is taken: Provided that every such application shall be made within ninety days from the date of service of the notice from the Deputy Commissioner under sub-section (2) of Section 12. (3)(a) The Deputy Commissioner shall within ninety days from the date of receipt of an application under sub-section (1) make a reference to the Court. (b) If the Deputy Commissioner does not make a reference to the Court within a period of ninety days from the date of receipt of the application, the applicant may apply to the Court to direct the Deputy Commissioner to make the reference, and the Court may direct the Deputy Commissioner to make the reference within such time as the Court may fix. 54. 54. Appeals in proceedings before Court.— (1) Subject to the provisions of the Code of Civil Procedure, 1908, applicable to appeals from original decrees, an appeal shall lie from the award, or from any part of the award, of the Court in any proceedings under this Act to the Court authorised to hear appeals from the decision of that Court. (2) From any decree of a Court, other than the High Court, passed on an appeal under sub-section (1), an appeal shall lie to the High Court, if, but only if, the amount or value of the subject-matter in dispute in appeal exceeds two thousand rupees or the case involves any question of title to land. (3) From any decree of the High Court passed on an appeal under sub-section (1), an appeal shall lie to the Supreme Court, subject to the provisions contained in Section 110 of the Code of Civil Procedure, 1908, and in Order XLV of the First Schedule to the said Code.” 7. Under the Act or the Rules framed under the Act in Karnataka, a landowner is not required to claim any specific amount in his application for reference under Section 18(1) of the Act or before the Reference Court. Suffice, if he states that the determination of market value of the land is inadequate and seeks for its determination by Civil Court. In this context, it is relevant to refer to the following observations made by the Supreme Court in Ambya Kalya Mhatre v. State of Maharashtra [ (2011)9 SCC 325 ]. “22. As the Act does not require the person aggrieved/landowner to specify the amount of compensation sought, when objecting to the amount of compensation and seeking a reference, mentioning of the amount of compensation sought is optional. As there is no obligation to specify the amount in the application for reference, it can be specified in the claim statement filed before the Reference Court. ……………………………….. 28. ………………………………….. When the Act does not require the landowner to specify the amount of compensation, but he voluntarily mentions some amounts, and subsequently, if the market value is found to be more than what was claimed, the landowner should get the actual market value. We fail to see why the landowner should get an amount less than the market value, as compensation. We fail to see why the landowner should get an amount less than the market value, as compensation. Consequently, it follows that if the landowner seeks amendment of his claim, he should be permitted to amend the claim as and when he comes to know about the true market value. When the Act is silent in regard to these matters to impose any condition to the detriment of an innocent and ignorant landowner who has lost his land would be wholly unjust.” 8. As stated above, there is no requirement in law to state the claim amount in the application under Section 18(1) of the Act or before the Reference Court. Hence, in our opinion, in the absence of any specific amount claimed in the application filed under Section 18(1) of the Act or before the Reference Court, the amount of compensation awarded by the Reference Court together with the amount of compensation claimed before the Appellate Court shall be deemed to be the value of the subject matter of the reference proceeding before the Reference Court. 9. We may clarify that the Court fee payable on an appeal under Section 54 of the Act is governed by Section 48 of the Karnataka Court-Fees and Suits Valuation Act, 1958. In this context, reference may be made to a Division Bench decision of this Court in Spl. LAO vs. S.M. Gajendran @ S.M. Gajendra Babu [ILR 2001 KAR 2404], wherein Court fee payable on an appeal under Section 54 of the Act is explained. 10. In the result, we hold that in cases where no specific amount is claimed in the reference application under Section 18(1) of the Act or before the Reference Court, Registry shall ascertain the value of the subject matter of the proceeding before the Reference Court as stated above. This shall also apply mutatis mutandis to appeals filed by acquiring authorities.