DHAREPPA ALAGOUDA BEKKERI Vs. SPL. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 10.12.2012, passed in LAC No.218 of 2011 by the Additional Senior Civil Judge and JMFC, Athani, whereby the compensation determined by the SLAO has been modified redetermining the market value of the acquired (subject) lands at Rs.2,85,715/- per acre with statutory benefits denying the enhancement of compensation sought inasmuch as the Houses/ Well/ Borewell are concerned.

(2.) The appellants are the erstwhile owners of Sy.No.508/5B measuring 5 guntas, Sy.No.508/6A measuring 37 guntas and Sy.No.508/6B measuring 2 acres 36 guntas situated at Satti village in Athani Taluka of Belagavi District. The respondents had acquired the aforesaid lands by notification dated 01.03.2007 issued under Section 4(1) of the Land Acquisition Act, 1894 ('Act' for short) for the purpose of Hipparagi Barriage Project in Athani Taluka and awarded compensation of Rs.1,08,753/- per acre in respect of Sy.Nos.508/5B and 508/6A and Rs.64,664/- per acre in respect of Sy.No.508/6B. Aggrieved by the said compensation awarded, the appellants had sought for reference under Section 18(1) of the Act. The reference Court has fixed the market value of the subject lands at Rs.2,85,715/- per acre rejecting the claim of enhancement in respect of Houses/ Well/ Borewell. Being aggrieved, the appellants are before this Court.

(3.) The arguments of the learned counsel for the appellants are two fold. Firstly it was argued that the compensation awarded towards the lands acquired is inadequate and secondly, the denial of enhancement of compensation relating to the Houses/ Well/ Borewell by the reference Court is unjustifiable.