IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.3279 OF 2018 (LAC) BETWEEN:
Javariah since dead by LRs 1. Smt. Kalamma D/o. Late Javaraiah, Aged about 57 years, R/at. Benagalu Village, Haranahalli Hobli, Periyapatna Taluk, Mysuru District.
2. Puttiramma D/o. Late Javaraiah W/o. Vyaramudaiah, Aged about 54 years, R/at. Benagalu Village, Haranahalli Hobli, Periyapatna Taluk, Mysuru District.
3. Doddaiah, S/o. Late. Javaraiah, Aged about 47 years.
4. Puttagowramma S/o. Late. Kalaiah, Aged about 37 years.
5. Sannakalaiah S/o. Late. Javaraiah, Aged about 37 years.
All are residing at R/at. Anivalu Village, Bettadapura Hobli, Periyapatna Taluk.
(By Sri. Nagesh.M, Advocate) AND:
The Special Land Acquisition Officer, Harangi Project, Hunsuru.
…Appellants ... Respondent This Miscellaneous First Appeal is filed under Section 54(1) of the Land Acquisition Act praying to enhance the market value at the rate of Rs.74,500/- with all statutory benefits by modifying the judgment and award passed in LAC No.260/2009 passed the Court of the Senior Civil Judge and JMFC, Hunsuru sitting at Periyapatna with costs, in the interest of justice.
This appeal coming on for orders this day, the Court delivered the following:
JUDGMENT Learned counsel for the appellants is absent.
No representation.
2. The present Miscellaneous First Appeal is filed under Section 54(1) of the Land Acquisition Act, 1894 for enhancement of the market value at the rate of `74,500/- with all the statutory benefits by modifying the judgment and award passed in LAC No.260/2009 passed by the Senior Civil Judge and JMFC, Hunsuru sitting at Periyapatna.
3. The office has raised an objection that the claim amount in LAC being less than `10 lakhs for the extent of land under challenge, the present Miscellaneous First Appeal is not maintainable. It is relevant to extract Section 54 of the Land Acquisition Act at this juncture:
Sec.54. Appeals in proceedings before Court. - Subject to the provisions of the Code of Civil Procedure, 1908 (5 of 1908), applicable to appeals from original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceedings under this Act to the High Court from the award, or from any part of the award, of the Court and from any decree of the High Court passed on such appeal as aforesaid an appeal shall lie to 4 [the Supreme Court] subject to the provisions contained in section 110 of the Code of Civil Procedure, 1908, and in Order XLV thereof.
4. In the aforesaid Section, it is only stated that the appeals from original decrees shall lie under this Act to the High Court from the award, or from any part of the award of the Court and from any decree of the High Court passed on such appeal as aforesaid, an appeal shall lie to the Supreme Court subject to the provisions contained in Section 110 of CPC. There was a state amendment of Karnataka in Clause (1) and (2) of Section 54, substitute the following Section, namely:-
Sec.54. Appeals in proceedings before Court.-(1) Subject to the provisions of the Code of Civil Procedure, 1908, applicable to appeals from original decrees, an appeal shall lie from the award, or from any part of the award, of the Court in any proceedings under this Act to the Court authorised to hear appeals from the decision of that Court.
(2) From any decree of a Court, other than the High Court, passed on an appeal under sub-section (1) an appeal shall lie to the High Court, if, by only if, the amount of value of the subject-matter in dispute in appeal exceeds two thousand rupees or the case involves any question of title to land.
Section 19(1) of the Karnataka Civil Courts Act, 1964 which reads as under:
Sec.19. Appeals from [Civil Judge (Senior Division)] —Appeals from the decrees and orders passed by a [Civil Judge (Senior Division)] in original suits and proceedings of a civil nature, shall when such appeals are allowed by law, lie,— (1) to the District Court, when the amount or value of the subject matter of the original suit or proceeding does not exceed ten lakh rupees;
5. According to Section 19(1) of the Act, the appeals from the decrees and orders passed by the Senior Civil Judge in original suits and proceedings of a civil nature, shall lie to the District Court, when the amount or value of the subject does not exceed `10 lakhs.
6. This High Court in the case of INDIAN COUNCIL OF AGRICULTURAL RESEARCH vs. SMT. VARIJA AND OTHERS reported in ILR 2011 KAR 499 has held as under:
“If the value of the subject matter of the claim before the Reference Court does not exceed Ten Lakh Rupees, appeal lies to the District Court and if it exceeds Ten Lakh Rupees, then appeal lies to High Court as per Section 19(1) of the Karnataka Civil Courts Act, 1964 read with Section 54 of the Land Acquisition Act, 1894, as amended by Mysore Amendment Act 17 of 1961.”
The present case pertains to LAC No.260/2009 which is in respect of acquisition of land measuring 0.07 and 0.06 guntas in Sy.Nos.110/20, 110/14, 119/22, 110/23 and 110/24 of Anivalu village belonging to appellant/claimant-Jawaraiah. As such, the claim of the appellant does not exceed `10 lakhs.
Hence, the appeal is not maintainable. Accordingly, I pass the following:-
ORDER Miscellaneous First Appeal is dismissed.
Sd/- JUDGE SJK