UNION OF INDIA Vs. NIRMALA

JUDGEMENT

(1.) Heard Sri Manvendra Reddy, learned counsel for the appellant, Sri Sachin M. Mahajan, the learned counsel for respondent No.1 and Smt. Anuradha M. Desai, the learned Government Advocate for respondents No.2 and 3.

(2.) The appellant beneficiary Union of India, represented by Assistant Executive Engineer Construction, S.C. Railway, Gulbarga has filed this appeal praying to allow the appeal by setting aside the judgment and award dated 26.04.2018 passed by learned I Additional Senior Civil Judge, Gulbarga in LAC.No.230/2012.

(3.) Brief contention of the appellant's is that, the State of Karnataka through respondent No.2 herein acquired the land of respondent No.1 bearing Sy.No.67/2 measuring 02 acres 24 guntas out of 11 acres 20 guntas situated at Shaikhroza, Kalaburagi for formation of new broad-guage railway line under 4 (1) notification dated 19.05.2005. The Land Acquisition Officer has awarded the market value of the acquired land at the rate of Rs.1,25,500/- per acre and whereas the Reference Court has enhanced the same to Rs.150/- per Sq. feet treating the acquired land as N.A. potential. Aggrieved by the same, the appellant filed this appeal on the grounds that the judgment and award of the Reference Court suffers from illegality since it is quite contrary to law, facts and evidence on record. The Reference Court has not considered the evidence led by the appellant coupled with the admission given by PW.1-respondent No.1 in her cross-examination. The Reference Court only relied upon the judgment in LAC.No.100/2008 at Exs.P.21 and 22 and judgment in LAC.No.29/2011 at Ex.P.23 and judgment in LAC.No.546/2010 treating that the said land has got N.A. potentiality. The Reference Court determined the market value at Rs.150/- per Sq. feet holding that the judgment in LAC.No.100/2008 has reached its finality and awarded at Rs.150/- per Sq. feet. As the land under appeal bearing Sy.No.67/2 is very near to the land Sy.No.69, which was acquired in LAC.No.100/2008. Even otherwise the Division Bench of this Court in MFA.No.32806/2013 (LAC) with connected matters in respect of lands Sy.No.57/2, 58/1, 59/2, 57/2 and 69 situated at Shaikh Roza area, which were adjacent to acquired land under appeal which is also admitted by respondent No.1 herein, has awarded Rs.84/- per Sq. feet and Rs.150/- per Sq. feet for the lands of Shaik Roza depending on its proximity and situation of lands.