BHAGAPPA AND ANOTHER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These appeals arise from the common judgment dated 2nd July, 1999, by the 1st Additional District Judge, Gulbarga, in Appeal Nos. L.A.Cs. As. 241 to 251 of 1997, arising from the Land Acquisition Case Nos. L.A.Cs. 98 to 100 of 1996, 102 and 103 of 1996, 107, 109, 110, 112, 113 and 550 of 1996. In these cases, the land was acquired vide preliminary, notification published on 25-4-1991, under Sec. 4 of the Land Acquisition Act and the final notification had been published in Karnataka Gazette, dated 25-6-1992.

(2.) The Land Acquisition Officer awarded the compensation at the rate of Rs. 14,000.00 per acre, and on reference being made to the Civil Judge, (Senior Division), Yadgir, in the above land acquisition cases, the Civil Judge enhanced the amount of compensation to Rs 26,000.00 per acre. The learned Civil Judge also ordered that claimants will be entitled to additional market value at the rate of 12% per annum determined from the date of notification till the date of award or till the date of taking possession whichever is earlier. The Civil Judge further held that the claimants were entitled to interest at the rate of 9% per annum on enhanced compensation for the first year and at the rate of 15% per annum for the subsequent years till the amount is paid and deposited.

(3.) On the appeals being filed before the District Judge, the learned District Judge allowed all the appeals, in part, from the order of the Reference Court and held that the appellants are entitled to compensation at the rate of Rs. 32,500.00 per acre and the appellants are entitled to the benefits awarded by the Trial Court. Thus modified the judgment of the learned Civil Judge, Senior Division.