High Court Karnataka High Court

The Spl Land Acquisition Officer vs Channappa S/O Ningappa Nirani … on 1 April, 2008

Karnataka High Court
The Spl Land Acquisition Officer vs Channappa S/O Ningappa Nirani … on 1 April, 2008
Author: V.Gopalagowda & Nagaraj
 

LN Tm; HIGH COURT 0:: KARNAT AKA AT BAI\¥C§A}L,(')V1.2E'_:  J . 

DATED THIS ml}: :31" DAY OF APRIL 2oo3 ~~~---- 3     

PRESENT

mm H{')N'BLE MR.JUSTICE V.(}<§Af'AL;%_vGi3Wi3§§§: -    '  , 

AND

firm: HON'BLE mmsficéfi' 'A.RALiV'mGa.Rf:u%""'%T   J

M.1«'.A.zx;_u. lzsxgzzaéjgcfxv _
M.F.AcfR;;<gg;_gfg;;gyg_9p;;% _

 

BETWEEN: -- _  i  ._
L.._w__A 1\L_._.,,_i.._<'J'i2'33'3  V  "

mia SPL LAND AcQU1sI'§"1o:~1 {)FFI(1'j_ElR 4-  V V

UPPER KRISHNA PRO.?}3C'i''''''--.__ , _   V.  

BILAGI      ~  

TALUK:Bfi,AGI~--- ":2:   _,.APPELLANT

{By Sri .- L.UMA1<.AN';=uAy,g:._.;A;.    ' 

1 V A szL}~>.1.u§zGApyA NIRANI

 '~  _SB~::i:E~D:£ADv%.;B.Y HIS 

13;», 
*'1~w;m_GUm}Ayp_:;v3*ARA<3A1"1'1
AG13DABOUTi.SG' YEARS,

* OCC':««HOE_JSE-I-FOLD
" WORK  AGRICULTURE

 ' ~  ._ we 1NAM...;4LAN<:u:NAL

 ' }?ALL?K: BB..AV."F0R C/R)

8:; "rum

ZVIFAJLROB NO 191 OF 280:?

1. CHANNAPPA S/U NINGAPPA NIRANI
SINCE DEAD BY HIS LR



IA. SMTSUKKAWWA

wzro csuwnmava YARAGA'l"l'l

AGED ABOUT 50 YEARS,

occ: HOUSEHOLD

WORK Arm AGRICULTURE

we mam HANCHINAL    M %

TALUK: BILAGI  '   = % %    .
BAGALKOT DISTRICT  CR0s:S'eBJE::*frc;R? é ~ 

(By SIi.B.M.ANGADI. ADV.)

THE SPL.LANDACQU1SE'I'ION Cjrmgki  V V
UPPERKRJSHNAPROJECT  %  T. ..

BILAGI  _ I  _  % 
'rALUI<.:BH.,AG1      -  

(By sri:L.uMA1¢A;u'11~m{A;aw;aRn..1;.ATr.p'JA2px'z/zoos PASSED IN LAC No.525:os
ON ma FILE OFVVTHE  mpamsn) BILAGI, PARTLY ALLOWING

TBCE REFERENCE PETI?IQN- _FCR ENHANCEB wM;?ENsA"rIoN.

_ 'l}i1S.£vii<'A;£3ROB  MrjA123xs/2mm IS 1*'ILl:iD UIORDER 41 RULE
22;' 016 CFC .%=A<m3~zs"1i. '11~u«; .IUD(iM.bLN'i' AND AWARD DA'1'Ei):20f07!2()()6
passm' 11¢ 1.Ac.M);62ex2ou5 on 'IBB 1:11.15 or' 'u~.u«; CIVIL sumn
('SR.f;1'N-3;'BILAG-LPARTLY ALLOWING THE REFERENCE PE'ITl"'ION
FOR 'E2~3T~.¥;_é..NCiEI}vv.._ COMPENSA'FION AND SEEKING FURTHER

 ' '  _QF'£j{3Nfl'ENSA1TON.

 TBIS  V ALONG WITH Bufi*'.A.CROB. COZVBNG ON FOR

  BEFORE '}f'H_'i"£ "emu" THIS DAY, AR/IL! NAGARAJ, J.
 «::.".3'1_.3II4;..q"s,gf.§';;R;£'I)'TffI-IE FGLLOWING:

JUDGMENT

6′ V v _ ” correctness ofthe market value ofthe lands under acquisition

by the learned Civil Judge (Sr.Dn.)_. Bilagi ( hereinafter referred

to as ‘ Reference Cour: ‘ for short ) in the impngwd judgnent and award
dated 20.7.2006 in LAC Ne.626 f {)5 is challenged by the appeliant viz., the
9v

Special Land Acquisition Officer (hereinafter referred to as ‘ for

short) and also the respondent — Cross objector.

2. Having heaxd the arguments .of”tl1e l

Sri.B,M.Angadi, the learned counsel for the ;’Ct’oss

claimant, the only point that arises ivlxether ‘V

the market value of the lands… undez—‘t’tct;.ui§itiota by the
Reference Court at the rate ‘ :l{_.s’. in resmct of
Sy.No.66l5 and i{s.5,(l0,tl€,!€)f- of the same
Sy.No. being the g.a1den_. or enhanced to any
extent as ‘andtlte ieamed counsel for cross

objector, respectively -~ .,

3. It is -not in tltatltotelly 7 acres and 12 games of land in the
5 catne to and of that area sugar cane was

growli1uex:.eht_Ao’f 5 gtmtas and coconut trees were gown in an

“extent of ti-.gl1cre.4 The Reference Court, while determining the

~ ljyvvetiopting capitalisation method, in respect of the 6 acres 5

V’ .4: land wherein sugar cane was grown, has taken per acre

§te’ld.l stage: cane at 45 tons as against 50 tons as could be seen from

.}}j,x;l’..:«3–Yield certificate which was not challenged. Further, the Reference

S Court has taken the price of the sugar cane at Rs.85t}!-‘per ton as against

Rs.95{)!– per ton as mentioned in the l:ix.l’.3-the price list which was also

not challenged. it is the settled principle that when the Yield Certificate

f”—¢”””-\.«—‘–“\..-v

and the price list are produced to substantiate the contentiens’j’«of”,tl1e

claimant as to the Yield and price of the agicultural produce ‘ a

the goes annual income ofthe land under acgnisitior_§t};’e the

price shown in the relevant certificates issueei-by

is to be accepted. Therefore, as riglnlyii’sul;nntte(l V

at R.s.850f- per ton instead of tons and per ton
price at Rs.95tl/L. we tliefé’ opinion that the

market value of 6 acres’:-.5 wherein sugarcane was

being gown re-Jquiresiito by taking the mr acre yield of

sugarcane at 50 tons and tonip:iee..iofit at Rs.950/- and the same comes

to Rs.2,3′?,{l(}§};’¥ per aci-es .. if i

-Sio”fe.r_ asétheftletennination ofmadcet value in respect of 1 acre 12

guatas offiandi coconut trees and lemon plants were gown, the

ilieferstace (ioart taken I33 coconut trees and 7 lemon plants as found in

i onwards copy of which is at Ex.P.2, Sri.Angadi, the learned

iiieoinnsel for Cross-objector submitted that the Reference Court ought to

have taken 380 coconut trees and 25 lemon piants grown in the said land
instead of taking oniy 133 coconut trees and 7 lemon plants based on

r—(“””””””s….—«-u

l:’x.P.l ~– the Award ofSLA{). As against this, while producing

Record of Rights pertaining to the said land for the said _

AGA submitted that the number of coconut trees as ..

as 25 came to be inserted in the original Reeordiioi

entries were made therein and therefore, the 2

as genuine.


5. There is no   record by the
claimant before the Refereiiee    there were 300
coconut trees and     the acquired land as

against 133 add. liivtlieiaward passed by the SL0.
Therefore, of the Reference Court that
there were oniy 7 lemon plants, as on the date of

pre,2iminax’y«;ij;otiiieatiori; iii the__land under acquisition do not call for any

inter_ferei1’ee. ‘il1erei5:re;Vwe do not find any valid reasons to interfere with

L» the tiiidixjigih’-of Court so far it relates to determination of

value it} of 1 acre 4 games ofthe garden.

ofour foregoing discussion, the appeal filed by the SLAO

and the cross objection of the respondent claimant is allowed

it ‘ ii pail with costs holding that the claimant is entitled to the market value at

S Ks.2,37,(K}()i- per acre of 6 acres and 5 games of agricultural land wherein

sugar cane was gown with all consequential gatutory benefits thereon as
against Rs.1,90,(K}(lf- per acre awarded by the Reference Count. “me
;—–./”””‘”\_—we-v

impugned judgnent and award so far as it rekates to ciete1n1inati.§fiT.oi’
market vaiue of 1 acre 4 gurrtas of garden Iand in the said
undisturbed. The award shall be modified accordingly. ‘

A

1251* 3″?