S M SUNDAR RAJ Vs. DEPUTY COMMISSIONER ADMINISTRATION

JUDGEMENT

(1.) ). THE appellant who is the claimant filed this appeal against the judgment and award dated 27-1-2000 passed in lac No. 473 of 1980 by the ii additional city civil judge, Bangalore partly allowing the reference for enhanced compensation.

(2.) THE appellant is the owner of the property bearing No. 53, risaldar street, seshadripuram, Bangalore, and in the said property an extent of 3,320 sq. Foot with structure thereon was acquired vide final notification published in the gazette on 8-7-1975 for the purpose of continuation of sweepers colony road to join subedar chatram road, and ii main road, seshadripuram, Bangalore. The possession of the property was taken over on 30-4-1976. The award of the lao was passed on 5-2-1976 and approved on 17-3-1976. The reference under Section 31 (2) was concluded on 7-4-1978 in previous lac No. 95 of 1976. After the establishment of the city civil court at Bangalore, the above case was renumbered as lac No. 473 of 1980.

(3.) THERE is a notification under Section 4 (1) of the Land Acquisition Act, dated 8-7-1975. The lao fixed the award at Rs. 80/- per square yard and after the reference it was enhanced to Rs. 90/- per square yard. Being aggrieved by this, the present appeal arises on the ground that the area now acquired is in the heart of the Bangalore city and in the near vicinity of the bus stand and railway station. The learned civil judge on the basis of the guesswork made the enhancement, though there were materials to rely upon. He also did not place reliance on ex. P. 1- the registered sale deed produced between the parties (Smt. Rathnabai, vendor and Sri chandrashekar, vendee ).