SALAHA BEGAUM Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Dissatisfied with the enhancement granted by the Karnataka High Court in the amount of compensation determined by the Reference Court, the appellants have preferred this appeal.

(2.) The appellants land comprised in Survey No.39/MF (3 acres 6 guntas), Survey No.39/E (1 acre 23 guntas) and Survey No.39/MJI (9 acres 15 guntas) situated in Srirampuram village, Mysore Taluk was acquired by the State Government for construction of Varuna Nalla. For this purpose, notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, the Act ) was issued on 9.3.1995. After finalization of the acquisition proceedings, the Special Land Acquisition Officer passed award dated 28.11.1995 and fixed market value of the acquired land at the rate of Rs.65,000/- per acre. On a reference made by the Collector under Section 18 of the Act, the Reference Court determined the amount of compensation at the rate of Rs.1,00,000/- per acre.

(3.) The appellants filed appeals under Section 54 of the Act and pleaded that they were entitled to compensation at the rate of Rs.2,20,000/- per acre. The Division Bench of the High Court partly allowed the appeals and enhanced the amount of compensation from Rs.1,00,000/- to Rs.1,70,000/- per acre.