MALATIBAI Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The claimants have filed this appeal challenging the judgment and award passed in L.A.C .No .586/2005 by the Senior Civil Judge , Bilagi, dated 04.03.2011 seeking enhancement o f compensation.

(2.) The claimants are the owners o f land bearing R.S.No .168/1+2A+2B/3B/2 to the extent of 3 acres of Badagi village . The said land was acquired for Upper Krishna Pro ject under the preliminary notification under Section 4(1) o f the Land Acquisition Act dated 25.06.2001 published in of ficial gazette and in grama chawadi on 09 .11.2001. The Spl. Land Acquisition Officer passed an award on 24.06 .2002 determining the market value of the land in question at the rate of Rs.45 ,944/- per acre. The claimants submitted a reference petition under Section 18(1) of the Act and accepted the compensation amount awarded by the Spl. Land Acquisition O fficer under the protest. The reference Court after considering the entire material evidence on record, determined the market value of the land at the rate of Rs.50 ,000/- per acre except phot kharab. Further held that the claimants/appellants are entitled for 30% solatium on the enhanced market value and also 12% additional market value on it from the date of 4(1) final notification in Grama-Chawadi i.e ., on 09.11 .2001 till the date of LAO award. The claimants aggrieved by the judgment and award passed by the reference Court in L .A.CNo.586/2005 , have filed this appeal seeking enhancement of compensation.

(3.) Heard the learned counsel for the parties.