HANAMAPPA IRAPPA NAYAK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal under Section 54 of the Land Acquisition Act (for short the Act) has been filed by the land owners being aggrieved by the judgment dated 19.10.2013 passed by the reference court by which, they have been deprived compensation/damages from the period of dispossession i.e. 25.10.1998 till the notification under Section 4(1) of the Act was issued i.e. on 11.11.2011.

(2.) Facts giving rise to filing of this appeal briefly stated are that, the appellants were owners of land measuring 4 acres of R.S.No.248/8F situated at Simikeri village, Taluk and District Bagalkot. Admittedly, the aforesaid land was acquired for the purposes of establishment of rehabilitation centre for displaced persons of Murnal and Yadahalli and Surakoppa Honnarahalli, Anadinni, Bannidinni and Chabbi villages. It is also not in dispute that the notification under Section 4(1) of the Act was issued on 11.11.2011 i.e. approximately after a period of thirteen years after the possession of the lands in question was taken by the respondents. Thereafter, an award was passed on 30.08.2012. Being aggrieved, the appellants sought reference. The reference Court by impugned judgment dated 19.10.2013 enhanced the amount of compensation. However, the appellants were deprived of damages/ compensation for a period from which the possession was taken from them till the date of issuance of notification under Section 4(1) of the Act i.e. 11.11.2011. In the aforesaid factual background, the appellants have filed this appeal.

(3.) Learned counsel for the appellants while placing reliance on a decision of the Honble Supreme Court in Tahera Khotoon and others V/s Revenue Divisional Officer/Land Acquisition Officer and others, (2014) 13 SCC 613 and Balwan Singh and others V/s Land Acquisition Collector and another, (2016) 13 SCC 412, has submitted that the appellants are entitled to damages at the rate of 15% on market value from the date of dispossession till the date of notification under Section 4(1) of the Act.