J. RAGHAVENDRA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This appeal under Section 54(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act' for short) has been filed by the land owners seeking enhancement of the compensation, being aggrieved, by the judgment dated 22.05.2012 passed by the Reference Court.

(2.) In order to appreciate the appellant's challenge to the impugned order, few facts need mention, which are stated hereinafter. The Karnataka Industrial Areas Development Board (hereinafter referred to as 'the Board' for short) is a statutory body established under the Karnataka Industrial Areas Development Board Act, 1996 with an object of promoting the establishment and orderly development of industrial area. While invoking the powers under Sections 28(1) to 28(8) of the Act, the State Government acquires the land and hands over the same to the Board for setting up Industrial estates. The land situate in Madakaripura Village of Chitradurga Taluk as well as other lands were required for formation of industrial area for establishment and development of industries therein by KIADB. The provisions contained in Section 28(1) of the Act were invoked and a preliminary notification dated 23.09.1989 was issued. Thereafter, notification under Section 28(4) of the Act was issued on 23.03.1990. The appellants herein were the joint owners of land bearing Sy.No.43/2 measuring 5 acres 32 guntas and Sy.No.43/3 measuring 5 acres and 23 guntas situate at Madakaripura Village. The possession of the aforesaid land was taken on 20.02.1992. The Land Acquisition Officer passed an award on 20.05.1992, by which value of the land was fixed at Rs.8/- per square feet for residential converted sites and for industrial lands at the rate of Rs.50,000/- per acre. The appellants sought reference under Section 18 of the Act. Thereupon the reference was made on 07.08.1992. The reference court vide judgment dated 14.08.2009 determined the market value in respect of residential land as well as industrial land at the rate of Rs.15/- per square feet and Rs.75,000/- per acre respectively with consequential benefits.

(3.) The appellants thereupon filed an appeal under Section 54(1) of the Act before this court viz., M.F.A.No.8714/2009. A bench of this court vide judgment dated 07.12.2009 remitted the matter to the reference court and permitted the parties to adduce additional evidence and directed the reference court to decide the matter afresh. The appellants thereafter adduced the additional evidence and produced sale deeds viz., Ex.P17 to Ex.P27. The reference court vide impugned judgment dated 22.05.2012 determined the market value of the residential land as well as the industrial land at the rate of Rs.18/- per square feet and Rs.75,000/- per acre along with solatium and other statutory benefits admissible under the Act. In the aforesaid factual background, the appellants have approached this court seeking enhancement of the amount of compensation.