KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD BANGALORE Vs. SPECIAL LAND ACQUISITION OFFICER AND ASST COMMISSIONER SHIMOGA SUB-DIVN SHIMOGA

JUDGEMENT

(1.) THIS Misc. First Appeal is filed under Section 54(1) of L.A. Act against the order dt. 31.10.2002 passed in LAC. No.10/1989 on the file of the Prl. Civil Judge (Sr.Dn.) and amact, Shimoga, partly allowing the reference petition for enhanced compensation and etc., THIS MFA crob is filed under Order XLI Rule 22 of CPC, against the judgment and award dt. 24.11.2004 passed in LAC. No.8/1989 on the file of the Prl. Civil Judge (Sr.Dn.) and C.J.M. Shimoga, partly allowing the reference petition for enhanced compensation and seeking further enhancement of compensation and etc., THIS Misc. First Appeal is filed under Order 43 Rule 1 of CPC r/w Sec. 54(1) of LAC Act against the judgment and ward dt. 31.10.2002 passed in LAC No. 10/89 on the file of the Prl. Civil Judge (Sr.Dn.) & amact, Shimoga, partly allowing the reference petition for enhanced compensation and seeking further enhancement of compensation and etc.,) 1. THIS batch of five Miscellaneous Appeals under Section 54(2) of the Land Acquisition Act, 1984 (hereinafter referred to as "Act") and the Cross-objection under Order XLI Rule 22 of C.P.C. r/w Section 54(2) of the Act are making their journey to and fro in the first round from the High Court to the Reference Court and in the second round from the Supreme Court to this Court, and are now back to square one, in the sense, they are all appeals against the judgment and awards of the Reference Court in LAC No. 8/1989 and LAC No.10/1989.

(2.) THOUGH the two LAC cases were in company earlier, they got separated after remand from this Court in the first round of appeals by the Acquiring Authority (State Government) in MFA Nos. 759 and 760/1994.

(3.) THE acquisition proceedings resulted in an award passed by the Land Acquisition Officer on 26.9.1987 whereunder the Land Acquisition Officer determined the compensation payable to the land owners to be at Rs.12,500/- per acre on the basis of compensation as had been awarded in respect of lands located at Kallahalli Village which award was based on a sale deed dated 23.1.1985 in respect of Survey No.31/2 an adjacent land, measuring 2 acres 4 guntas, sold at Rs.27,000/- on the basis of which the value therein had been fixed at Rs.12,000/- per acre.