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2019 DIGILAW 2026 (SC)

Mahadev (D) By Lrs Kalawati v. Deputy Chief Engineer (Constructions) South Central Railways III

2019-09-26

INDIRA BANERJEE, UDAY UMESH LALIT

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ORDER : Uday Umesh Lalit, J. 1. Leave granted. 2. These appeals are directed against the judgment and final order dated 25.01.2017 passed by the High Court of Karnataka, Kalaburagi Bench in M.F.A.CROB No.1581/2013 and other connected matters. 3. The appellants are landholders from villages Shaikh Roza and Jafrabad in the district of Gulbarga, Karnataka. The lands from these villages and from village Tajsultanpur were subject matter of acquisition where a preliminary Notification was issued on 19.05.2005 under Section 4(1) of the Land Acquisition Act [“Act” for short] for laying new Broad-Gauge Railway-line from Bidar to Gulbarga. 4. The Land Acquisition Officer determined the compensation in respect of three villages as under:- (a) Lands situate in Shaikh Roza at the rate of Rs.1,25,500/-per acre. (b) Lands situate in Jafrabad at the rate of Rs.71,500/-per acre. (c) While Lands situate in Taj Sulthanpur at the rate of Rs.63,500/- per acre. 5. It appears that References at the instance of certain land holders in respect of same acquisition were dealt with at different stages by the Reference Courts. As regards lands with which we are presently concerned, the Reference Court awarded compensation @ Rs.65 per sq. ft. in respect of lands situate in Village Jafrabad while in respect of lands situate in village Shaikh Roza it was awarded @ Rs.84 per sq. ft. In respect of some other land-holders from Tajsultanpur the compensation was awareded @ Rs.65 per sq.ft. 6. At the same time, the Reference Applications preferred by some other land-holders were dealt with by the Reference Court and the compensation awarded in respect of lands situate in Shaikh Roza was @ Rs.187.5 per sq. ft. while in respect of lands situate in Jafrabad it was @ 142 per sq. ft. 7. The determination so made by the Reference Court was also the subject matter of challenge along with the challenge preferred by the present appellants before the High Court. 8. While considering all the matters together, the compensation awarded by the Reference Court @ Rs.187.5 & Rs.142/-per sq. ft. in respect of lands situate in Shaikh Roza & Jafrabad, was reduced by the High Court to Rs.150/- & Rs.129.95 respectively. However, the determination made by the Reference Court that the compensation be awarded @ Rs.84 per sq. ft. for Village Sheikh Roza and at Rs.65/-per sq. ft. ft. in respect of lands situate in Shaikh Roza & Jafrabad, was reduced by the High Court to Rs.150/- & Rs.129.95 respectively. However, the determination made by the Reference Court that the compensation be awarded @ Rs.84 per sq. ft. for Village Sheikh Roza and at Rs.65/-per sq. ft. in respect of villages Jafrabad and Tajsultanpur was affirmed by the High Court without any change. 9. Ms. Kiran Suri, learned Senior advocate for the appellants submitted that they were also entitled to be treated on par with other land-holders from the same villages. 10. With the assistance of the learned counsel for both sides, we went through the judgment of the High Court and the accompanying record. Our attention was also invited to the Map of the area in question. 11. From the record, we are satisfied that qualitatively there was no difference between the lands belonging to the appellants and the other lands from the villages of Shaikh Roza and Jafrabad where compensation at different rates was awarded by the High Court. All the lands are having same advantages and are at par in terms of location; and as such, there could not be any inter-se distinction between different parcels of lands. We, therefore, allow these appeals and direct as under : (a) In respect of lands coming from village Shaikh Roza, the appellants shall be entitled to compensation @ Rs.150 per sq. ft. as was awarded to other lands from the same village. (b) In respect of lands coming from village Jafrabad, the appellants shall be entitled to compensation @ Rs.129.95 per sq.ft. as was awarded to other lands from the same village. 12. Since none of the appeals, presently before us, pertains to any lands coming from Tajsultanpur, we refrain from dealing with the issue in question, as regards the rate to be awarded to lands from Tajsultanpur. 13. With the aforesaid observations, these appeals are allowed. No costs.