INDUSHEKAR B S Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THE Appellants in MFAs 2358/2001 and 2360/2001 were respectively the claimants in LAC nos. 137 and 138/1999 on the file of the II Addl. City Civil Judge, Bangalore City. LAC NO. 137/1999 relates to acquisition of Sy. No. 21 (20 Guntas) and Sy. No. 22 (31 Guntas) in all 1 acre 11 Guntas and LAC No. 138/1999 relates to acquisition of Land bearing Sy. No. 12 (26 Guntas), all situated at Gubbala Village, Uttarahalli Hobli, Bangalore South Taluk.

(2.) THE said lands were acquired for laying the pipe line for Cauvery Drinking Water Supply scheme, Bangalore (IV Stage) by the Bangalore Water Supply and Sewerage Board under preliminary Notification dated 28. 2. 1995 (gazetted on 9. 3. 1995) and Final Notification dated 24. 7. 1996 (gazetted on 15. 8. 1996 ). The possession of the lands was taken on 25. 2. 1999, after passing the award on 9. 9. 1998. As per the Award, the LAO determined the market value of the land as Rs. 2,50,000/- per acre. Separate compensation was awarded for the structure and malkies in survey nos. 21 and 22.

(3.) BEING aggrieved, the claimants (land owners) sought reference under Section 18 (1) of the land Acquisition Act, 1894 (for Short the 'act' ). The references made by the Special Land acquisition Officer ('lao' for short) were registered as L. A. C. NOS. 137 and 138 of 1999. According to the claimants, the market value was more than Rs. 25 lakhs per acre. Before the reference Court, the third claimant in L. A. C. No. 137/1999 and the claimant in L. A. C. No. 138/1999 were examined as PWs. 1 and 3. The vendor of a land under a sale deed marked as ex. P1 was examined as PW2. Exhibits P1 to P29 were marked, on behalf of the claimants. On behalf of the respondents, no evidence was let in. After appreciating the evidence, the Reference court by judgment and award dated 20. 1. 2001 has rejected the reference by holding that the market value fixed by the LAO does not call for interference.