Land Acquisition | Lived Like Nomads, Couldn't Contact Advocate: Karnataka HC Asks Reference Court To Reconsider Villagers' Plea For Enhanced Award
The Karnataka High Court has come to the aid of land owners whose land was acquired by the government but their reference application seeking enhancement of compensation was disposed of for want of necessary evidence being placed on record.A single judge bench of Justice V Srishananda allowed the appeal filed by Annappa Appasab Mokashi and others challenging the order passed by the...
The Karnataka High Court has come to the aid of land owners whose land was acquired by the government but their reference application seeking enhancement of compensation was disposed of for want of necessary evidence being placed on record.
A single judge bench of Justice V Srishananda allowed the appeal filed by Annappa Appasab Mokashi and others challenging the order passed by the Reference Court (Principal Senior Civil Judge, Athani) dated 25.11.2023 disposing of the reference application and the confirmation order passed by the Land Acquisition Officer awarding the compensation.
The counsel for petitioners argued that they are rustic villagers and they were not properly advised by the counsel who represented them before the Reference Court in placing the necessary evidence seeking for assessment of the compensation. Further, when appellants have lost the land, to eke out their livelihood, they have to move away from the village and they were not aware of the niceties of the litigation. As such they are seeking to afford an opportunity to place necessary evidence on record to obtain legitimate compensation for the lands which have been lost in the acquisition for the project of Hipparagi barrage.
The respondents opposed the plea saying despite being granted sufficient opportunity, claimants did not choose to place any evidence on record and therefore left with no alternative the Reference Court has to dispose of the reference application by confirming the award passed by the LAO and hence sought for dismissal of the appeal.
The bench noted no doubt there is sufficient force in the opposition to the appeal by the Government as well as the beneficiary in contending that sufficient opportunity has been granted to the claimants to place the evidence on record.
It said, “This Court cannot lose sight of the hard reality that occurs in case of land acquisition where the villagers when they lose their land, to eke out their livelihood and to maintain the family they were required to move away from the native place in search of labour work. In such circumstances, they were not in a position to contact their advocate after filing a reference application to place necessary evidence on record as there will not be any permanent abode for them.”
Further it opined “In other words, such land losers who are possessing only a small holding of land practically render homeless and they would be moving from place to place for eaking out their livelihood. Their life should be similar to nomads.”
Noting that the Reference Court has allowed and enhanced the compensation for the land losers for the same project, the court said “It is just and necessary for this court to afford one more opportunity for the claimant to produce necessary evidence on record to obtain legitimate compensation for the loss of land.”
Accordingly it allowed the appeal and remitted the matter to the trial court for fresh disposal in accordance with law in a time bound manner.
Appearance: Advocate Gurudev I. Gachchinamath for Petitioners.
AGA Praveen Devareddiyavar, for R1.
Advocate Shivaraj Bellakki, for R2.
Citation No: 2024 LiveLaw (Kar) 86
Case Title: Annappa Appasab Mokashi & ANR AND The SLAO & ANR
Case No: MISCELLANEOUS FIRST APPEAL NO.102077/2014.