K SHARADARANI SRINIVAS Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The appellant's land situated within the area of Bagalkot Municipality was acquired in the year 1991. For this purpose, Notification under Section 4(1) of the Land Acquisition Act, 1894 [for short "the Act"] was issued on 4.9.1991. By an award dated 15.2.1995, the Land Acquisition Officer fixed the market value of the land at Rs. 175 per sq. meter. On an application made by the appellant, the Collector made a reference under Section 18 of the Act. Before the Reference Court, the appellant filed three sale deeds dated 1.4.1952, 9.1.1957 and 19.10.1977 which were marked as Exhibits P.2, P.3 and P.4 respectively. The Reference Court relied upon Exhibit P.4 vide which 300 sq. feet land was sold for a sum of Rs. 10,702/- (Rs. 384 per sq. meter) and enhanced the compensation from Rs. 175 per sq. meter to Rs. 700 per sq. meter by giving ten per cent increase per annum.

(3.) On an appeal filed by the Special Land Acquisition Officer under Section 54(1) of the Act, the High Court modified the award of the Reference Court and reduced the compensation from Rs. 700 per sq. meter to Rs. 380 per sq. meter. Hence, this appeal by special leave.