NINGAPPA THOTAPPA ANGADI Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Delay condoned. Leave granted.

(2.) The instant appeal is directed against the order dated 24.11.2008 passed by High Court of Karnataka, Circuit Bench at Dharwad in M.F.A No. 3274 of 2007 whereby the appeal filed by Special Land Acquisition Officer, Hubli-Ankola against the award of the Reference Court was allowed and the compensation for acquiring appellant's land was reduced from Rs.10,00,000 per acre to Rs 5,10,000/- per acre.

(3.) The facts giving rise to the present controversy may be breifly noted. The Special Land Acquisition Officer, Hubli, Ankola issued Notification No. HB-LAW CR: 1/2002-2003 dated 18.4.2002 under Section 17(4) and 4(1) of Land Acquisition Act, 1894 for acquiring land situated in Yellapur Village, Hubli Taluka for the purpose of construction of Hubli Ankola Broad Gauge Railway Line with a further direction restraining the affected land owners from alienating or creating charge over the said land. A final notification under Section 17(1) and 6(1) of the Act was issued on 19.10.2002 for acquiring the said land. Subsequently, Land Acquisition Officer passed an award on 17.3.2003 with respect to the acquired land and fixed the market value at the rate of Rs.7,500/- per gunta. Aggrieved by the Land Acquisition Officer's award, the appellant(s) and other similarly placed persons sought refence under Section 18 of the 1894 Act seeking enhancement of compensation. The Reference Court-cum-Principal Civil Judge, Hubli passed a common order on 12.10.2006 and relying upon an earlier award of its own in LAC No.44/2004 in which compensation of Rs 25,000/- per gunta had been awarded, coupled with the fact that the acquired land in the present case and the land in LAC No. 44/2004 are located in adjoining villages and in close proximity of Hubli City, the Reference Court enhanced the compensation to Rs 25,000/- per gunta ( Rs 10,00,000/- per acre).