SAIBANNA Vs. ASSISTANT COMMISSIONER AND LAND

JUDGEMENT

(1.) THIS appeal is filed by the claimant against the judgment and award cassed by the learned Civil Judge, Gulbarga, in LAC No. 1 of 1989, seeking for enhancement of the compensation awarded.

(2.) A total extent of 4 acres 27 guntas of land belonging to the appelant in Sy. Nos. 129/1, 129/3, 129/4 and 129/74 situated in Taj Sulthanpur Taluk, Gulbarga, has been acquired by the respondent-L. A. O. , gulbarga, under a preliminary notification issued under Section 4 (1) of he Land Acquisition Act (for short, the 'act') which was published in carnataka Gazette on 13-8-1981 for construction of KSRP Quarters, gulbarga. The respondent passed the award on 30-6-1986 awarding ompensation at the rate of Rs. 2,500/- per acre. Not being satisfied with he said compensation awarded, the claimant made an application be-or; the respondent-L. A. O. seeking for a reference being made to the trial Court for determining the market value of the acquired land and ietermining the just compensation payable to him. Accordingly, a refer-once was made to the Trial Court, which was registered as L. A. C. No. 1 of 989. The Trial Court after recording the evidence adduced by both arties, passed the impugned award, determining the market value of he acquired land at the rate of Rs. 18,500/- per annum. Not being atisfied with the said enhanced compensation awarded be fer-ence Court, the claimant has filed the present appeal seeking for further enhancement of the compensation at the rate of Rs. 40,000/- per acre in the present appeal.

(3.) I have heard the arguments of Sri Ashok B. Patil, learned Counsel appearing for the appellant and Sri H. G. Sunder Kumar, learned High court Government Pleader, appearing for the State.