IN THE HEGH COURT 01+' KARNATAKA, CIRCUIT. 13.3333
AT DHARWAD. 2, %
DATED THIS THE 25TH DAY OF NOVEM:BF,R;A_.2i§§§8.""--«' _
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PREsEr{I?r ;
THE HONBLE MR..msT1cE 'I{.:'SREEI )ijJAR I} k
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THE HON'BLE MR.'fJ.1}S'IfiCE§' i?§j,S;REENNASEV'GOW£)A
M.FAE7~¥o."1GV:1i28_1:f2{is36'. __
BETWEEN
1. KA§2NAT;AKA;'}NEERAVARi"NiGAM LTD
REP. BY V1'i7$'~-M'AN'AG}NG- DIRECTOR NO. 1,
COFFEE 39531:; ..__BU.1LDING 4TH FLOOR,
DR.B,R. VANIBEDKAR VEEDHI
_aANGAr,c>R§:-0: APPELLANT
. % '.SRIKAI\fi'H';J;BHAT : V.Y.KUMAR)
1; APPASAB AKLLAPPA CI-IOUGULA
Aefai NULL
12/-:13 HIREKUDI
* TALUKA CHIKODI, DIST: BELGAUM.
THE SPECIAL LAND ACQUISITION
OFFICER, HIDKAL DAM,
TALUK: HUKKERI. RESPONDENTS
{By Sri.S N HATTI FOR R1)
{BY SR1 C.S.PATIL, GOVI’. ADVOCATE FOR R2)
MFA FILED U] see. 54(1) OF LA ACT, AG;fiIfi€;S”f»l”}fHE
JUDGMENT 83 AWARD D’l’:19/1.1/2005 PASSED”£N Lace’
No. 31/2004 ON me FILE OF THE…._CIVVIL..V:’JUDGE§
(SRDN) CHIKODI, PARTLY ALLOWING ‘:§1-me 1eE:#;ER3::NeE J ; *
PE’I’I’1’ION FOR COMPENSATION; i
This Appeal coming? -on 2
SREEDHAR RAD, J., denveredeye foi1o!Wi.mg§”_r
I.A.No;2 in fling the
appeal ‘V A
the Government.
The first (claimant) land acquired for
the eexgsfi’-etifien of a canal. The LAO awarded
efiz’-fie-“rate of Rs.25,000/- per acre. The
has considered the lands as having NA
petefzfial compensation at the rate of Rs.11/—,
V-Rs. 12f.-end RS315/— per sqfi under three categories. The
‘ Niravari Nigam Ltd. {for short, ‘KNNL’) has filed
.é cha1le3:::g’I1g the compensation ganted as excessive
and also contend that the land has 110 NA potential.
&/
2. The aware} of the LAO discloses” «’ fitfiti
opinion of the panchas show that the vs.-‘goe::’.oi”A–T£i”1eA
ranges between Rs.25,000/- h
The LAO has relied upon thesales v
sold i171 the years 1997 to psiier to the
notification. The ” that the lands
are sold at Rsf.2S,00Qf ‘Viper acre. The
lands are V’ reg’stmtion of the
dry at Rs.33,000/- per
acre .. -h
3. on the other hand, have
the to show that the lands bearing RS
Nos.s393e/’3,<4{53_/1, 395/2, 394/213, 213/3, 323/1 and RS
M409 j village are converted for Non-
'V._'AgI'ieL11f£;u;ras1 purpose. The said lands adjoin the lands in
A 5: i;o.estion. The ciaimants have also proéuced evidence to
V' show that RS No.388 is converted to N011-Agric'ultura1
purpose, house sites are formed by one Padalale, each site
measuring 30' X 40' is sold for Rs.-47,000/-. The sale deed
of plot No.20 dated 17.2.1999 is marked as
preliminary nofificafion in respect of the
is issued in the year 2001. d
village limits of Hirekudi village. «I3~1o'\&ever,»"o1}. L.
the certified copy of the discloses
that RS mass is situaie C.hikkodi-
Miraj road. Chikkodi than Hirekudi. that RS No. 388 is
situateV..aboi;:i_::”si1.; Hirekudi village and
adjoins road. The lands in question are
situate V – Miraj Road to the North-
we
, :v«fi;e__ciajmants have produced records to show
the leads in question have been
‘to Non-Agicultural purpose. The said lands are
x V’ ‘e,1so’~«siteate to the West of Chikkodi —- Mira} Road, quite far
Aeweiy from West of Chikkodi — Miraj Road, and they are
Walmosi situate in the middle between Hirekudi village and
Chikkodi — Mimj Road. Considering the location of RS
gig-X.
1370.888 and the lands in question, we fi§IT.d that .E’~_’iS–l
has no comparison to the lands in q1::e:st:iotl;’:.e:”‘ ‘_
claimants have also not produced” any li:o.}_fsh’ewu ‘ ;
that in the NA converted lands
and sold. The Reference I.i1E1.i1″i. “Ly, the V
sale deed Ex.P.29
the value. If the VA there is
absolutely me the market value
of the
._ _ either way to Show
whetherl “tile _N’A_ lands do really have NA
_ poteigtial or conversions are manipulated in
the acquisition. There is absolutely no
leredible available on record for this Court to
detefmihe.’ the just and proper commnsatien. The
have also not let in convincing evidence to prove
the’ lnarket value. Only one witness is exanlined and
Wfleavy reliance is placed on Ex.P.29, the sale deed of a
plot in RS N0. 388. In View of the paucity of evidence, we
regarding the location of the lands
potential. All the contentions are; kept opsé1″1; :.::: ‘ M
It is further clarified that-iii; J
KNNL has already deposite(V1_V a….’- Kg}
acre, :10 further deposit; be [‘ l
Refund of Court is «
nvb. & V M fudge