DEPUTY CHIEF ENGINEER CONSTRUCTIONS Vs. DHAREPPA FAKKIRAPPA AJAGONDANNAVAR

JUDGEMENT

(1.) The beneficiary is before this court challenging the judgment and award dated 28.10.2011 in L.A.C.No.180/2010 passed by the II Addl. Senior Civil Judge, Dharwad, whereby the compensation of Rs.45,000/- is awarded for the subject land acquired in block Nos.177 and 178 of Kelageri village in Dharwad, vide Notification dated 07.11.2008 issued under Section 4 (1) of the Land Acquisition Act , 1894, (for short 'the Act') for the purpose of construction of Double Lane Railway Track.

(2.) 37 guntas of land in Sy.Nos.177 and 178 of Kelageri village, Dharwad district, was acquired for the aforesaid purpose and the Land Acquisition Officer by award dated 11.06.2010 determined the market value of the acquired land at Rs.7,090/- per gunta. Being dissatisfied, the claimants sought reference under Section 18 (1) of the Act claiming enhancement of compensation. The Reference Court by its order dated 28.10.2011 enhanced the compensation to Rs.45,000/- per gunta. The appellant-beneficiary is in appeal challenging the reference order.

(3.) The appeal is preferred by the beneficiary mainly contending that the Special Land Acquisition Officer has not followed the contemplated procedure strictly in accordance with law, there is no industrial area nearby the acquired lands and the sale statistics method adopted being reasonable, the Reference Court enhancing the compensation to Rs.45,000/- per gunta without proper application of mind based on assumptions cannot be acceptable. The said fixation of Rs.45,000/- per gunta is based upon the reliance made on the irrelevant document, not significant to determine the potentiality of the lands acquired.