Laxmidevi vs. Deputy Chief Engineer (Construction)

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.7642 OF 2019 (@ out of SLP (C) No.11301/2019

MAHADEV (D) BY LRS KALAWATI & ORS.

Appellant(s)

VFRSUS

DEPUTY CHIEF ENGINEER (CONSTRUCTIONS) SOUTH CENTRAL RAILWAYS III & ANR. Respondent(s)

with

CIVIL APPEAL NOS.7643-7645 OF 2019 (out of SLP(C) No. 16420-16422/2019

ORDER

UDAY UMESH LALIT.J.

Leave granted.

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.

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 <pre>Image: 05.2005 under Section 4(1) of the Land Acquisition Act ["Act"</pre> <pre>"#" short] for laying new Broad-Gauge Railway-line from Bidar to</pre> Gulbarga.

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.

It appears that References at the instance of certain landholders 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.

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.

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.

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. in respect of villages Jafrabad and Tajsultanpur was affirmed by the High Court without any change.

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.

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.

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

3

per sq.ft. as was awarded to other lands from the same village.

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.

With the aforesaid observations, these appeals are allowed. No costs.

........................J. (UDAY UMESH LALIT)

.......................J. (INDIRA BANERJEE )

New Delhi September 26,2019.

ITEM NO.14 COURT NO.7 SECTION IV-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 11301/2019

(Arising out of impugned final judgment and order dated 25-01-2017 in MFACO No. 1581/2013 passed by the High Court Of Karnataka At Kalaburagi)

MAHADEV (D) BY LRS KALAWATI & ORS. Petitioner(s)

VERSUS

DEPUTY CHIEF ENGINEER (CONSTRUCTIONS) SOUTH CENTRAL RAILWAYS III & ANR. Respondent(s) WITH SLP(C) No. 16420-16422/2019 (IV-A)

Date : 26-09-2019 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MS. JUSTICE INDIRA BANERJEE

For Petitioner(s)	Ms. Kiran Suri, Sr. Adv.
	Mr. M.N. Patil, Adv.
	Ms. Harsha M. Patil, Adv.
	Mr. Sharanagouda Patil, Adv.
	Ms. Aishwarya Kr, Adv.
	Ms. Supreeta Sharanagouda, AOR

For Respondent(s) Mr. Sanjay Jain, ASG Mr. Aditya Sharma, Adv. Kumar Shashank, Adv. Mr. Raj Bahadur Yadav, AOR

UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeals are allowed in terms of the signed order.

Pending applications, if any, shall also stand disposed

of.

(INDU MARWAH) (SUMAN JAIN) COURT MASTER BRANCH OFFICER

(signed order is placed on the file)