DEPUTY CHIEF ENGINEER Vs. HARISH

JUDGEMENT

(1.) The validity of the judgment and award dated 08.01.2018, passed by the Senior Civil Judge, Gangavati in LAC No.3/2015 is challenged in this appeal, by which the market value of the subject land acquired has been determined at Rs.300/- per sq. ft.

(2.) The land bearing plot No.261 situated in Ward No.6, Gangavathi Taluka, Koppal District, measuring 1 acre 10 gunta was acquired by the Government of Karnataka for the purpose of laying railway line between Mehaboob Nagar to Munirabad vide gazette notification dated 30.07.2009 issued under Section 4(1) of the Land Acquisition Act, 1894 ('Act' for short). The Special Land Acquisition Officer (SLAO) has determined the market value at Rs.1,90,778/- per acre based on the sale statistics method. Dissatisfied with the said award, the claimant had sought for reference under Section 18(1) of the Act for enhancement of compensation. The reference Court has determined the market value of the subject land at Rs.300/- per sq. ft. with statutory benefits. Being aggrieved, the beneficiary has sought for rejection of the reference petition.

(3.) Learned counsel for the appellant - beneficiary Railways argued that the reference Court having observed that the judgment passed in LAC Nos.5, 6 and 7/2014 and Ex.P30 would not be applicable for the lands in question as these acquired lands are situated at places and area other than those considered in the said LAC numbers has fixed the market value considering the consent awards. The market value of the lands in question has been determined at Rs.300/- per sq. ft. with all statutory benefits ignoring the topography of the lands acquired after deducting 40% towards development charges etc., It was contended that the reliance placed by the reference Court at Ex.P19 - the consent award is erroneous and the judgment rendered in MFA No.101827/2014 and similar cases are not applicable to the facts of the present case, since the subject land is situated away from Gangavathi city.