KARNATAKA NEERAVARI NIGAM LTD Vs. KARIYAPPA

JUDGEMENT

(1.) This appeal filed under Section 54(1) of the Land Acquisition Act [for short the 'Act'. is directed against the Judgment and award dated 9.8.2004 passed in LAC. No. 56/2003 on the file of the Prl. Civil Judge (Sr. Dn.) and C.J.M. Shimoga.

(2.) On the request of the Executive Engineer, Upper Tunga Project, Shimoga, lands to an extent of 48 acres 38 guntas comprised in several survey numbers situated in Somanikoppa Village were notified for acquisition as per preliminary notification dated 11.9.1997 issued under Section 4(1) of Act.

(3.) Survey No. 22/1A owned by the first respondent Kariyappa to an extent of 15 guntas was also notified for acquisition. The first respondent along with other owners of the land objected for the acquisition mainly on the ground that all these lands have already been developed into building sites as they are very close to Shimoga. Town and therefore they sought for dropping of the acquisition proceedings. However, having regard to the fact that the lands were required for laying the main water canal for Upper Tunga Project, the Government proceeded with the acquisition by publishing declaration under Section 6(1) of the Act. Thereafter during the award proceedings before the Land Acquisition Officer (for short 'LAO'), the owners of the lands filed their claims contending that the lands are very valuable lands having potentiality of building sites close to Shimoga City, therefore the compensation should be commensurately fixed and paid. The LAO by his award dated 26.4.2002 classified the land bearing survey No. 22/1A owned by the first respondent as "kere thari" and on the basis of the sale statistics secured from the office of the Sub-Registrar for the relevant period, determined the market value of the land at Rs. 96,327/- per acre. Not being satisfied with the market value determined by the LAO, the first respondent filed application under Section 18(1) of the Act seeking reference of the matter to the Civil Court.