Sharangouda vs. M And Mip Special Land Acquisition Officer

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVILAPPEAL No(s). 729 OF 2012

Reason:

SHARANGOUDA Appellant(s)

VERSUS

SPECIAL LAND ACQUISITION OFFICER Respondent(s)

O R D E R

This appeal is filed by the land loser/claimant seeking enhancement of compensation in respect of irrigated land.

The records reveal that the appellant was owner of about 10 acres of land situated in Village Venkat Bennur, Taluk and District Gulbarga, Karnataka bearing survey No. 120/2 consisting of the land admeasuring 3 acres 11 guntas of irrigated land and 6 acres and 15 guntas of dry land and 14 guntas of phot kharab land was acquired for the purpose of construction of Khaja Kotnoor Tank in the year 1994. Digitally signed by GEETA AHUJA Date: 2020.03.03 17:16:02 IST Signature Not Verified

The award was passed in the year 1996 awarding compensation of Rs.18,900/- per acre. The Special Land Acquisition Officer awarded compensation of Rs.12,600/- per acre for dry land, and Rs.18,900/ per acre for irrigated land Rs.800/- for Phot Kharab land.

The reference court enhanced the compensation to Rs.45,200/-, Rs.67,800/- and Rs.3000/ respectively for the aforementioned categories of lands.

The High Court further enhanced the compensation at Rs.1,10,400/- per acre for dry land and Rs.1,43,500/- per acre for irrigated land.

It is conceded by learned senior counsel for the appellant that the appellant cannot be entitled to enhancement in respect of dry land inasmuch the compensation awarded at Rs.1,10,400/- per acre uniformly in respect of all the lands acquired under the very notification.

However, the learned senior counsel for the appellant draws the attention of the Court to the

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judgment of the Division Bench of the High Court of Karnataka dated 16th September, 2009 in MFA CR.OB. No. 312 of 2004 in MFA No. 5488 of 2002 wherein the Division Bench has awarded compensation of Rs.1,65,400/- for irrigated land. Needless to observe that the lands involved in the MFA CR.OB. No. 312 of 2004 in MFA No. 5488 of 2002 were also acquired under the very Notification for the very purpose of the construction of the tank. Hence, the appellant is also entitled to Rs.1,65,400/- per acre in respect of irrigated land on the ground of parity. Ordered accordingly. The appellant is entitled to all other statutory benefits.

The appeal is allowed.

We further make it clear that the appellant is not entitled to the interest on the delayed period of 1179 days in filing the appeal before the High Court.

…………………………………………………J. [MOHAN M. SHANTANAGOUDAR]

…………………………………………………J.

[R. SUBHASH REDDY]

NEW DELHI; FEBRUARY 27, 2020 3

ITEM NO.110 COURT NO.13 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

Civil Appeal No(s). 729/2012

SHARANGOUDA Appellant(s)

VERSUS

SPECIAL LAND ACQUISITION OFFICER Respondent(s) (LIST IN THE MONTH OF FEBRUARY, 2020. ) Date : 27-02-2020 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR HON'BLE MR. JUSTICE R. SUBHASH REDDY For Appellant(s) Ms. Kiran Suri, Sr. Adv. Mr. S.J. Amith, Adv. Dr. (mrs. ) Vipin Gupta, AOR For Respondent(s) Mr. Shubhranshu Padhi, AOR Mr. Ashish Yadav, Adv. Mr. Vishal Bansal, Adv. UPON hearing the counsel the Court made the following O R D E R The appeal is allowed in terms of the signed order. Pending applications, if any, are disposed of.

(NEELAM GULATI) (R.S. NARAYANAN) AR-cum-PS COURT MASTER (NSH) (Signed Order is placed on the file)