ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER Vs. SUBASHCHANDRA

JUDGEMENT

(1.) THESE two review petitions are directed against the orders passed by this Court on 30. 9. 1999 in MFA 1723 of 1997 c/w Cross Appeal no 1 of 1997 and MFA 1536 of 1997.

(2.) MFA 1723 of 1997 is directed against the award passed bythe Reference Court viz. , Additional Civil Judge, Gulbarga in LAC 468 of 1994 while MFA 1536 of 1997 is directed against the award passed in LAC 469 of 1994. The lands involved in LAC 468 Of 1994 are Sy. Nos. 51/2 measuring 1 acre 25 guntas and 53/2 measuring 2 acres of Sardagi (B) village in Gulbarga Taluk while the land involved in LAC 469 of 1994 is Sy. No. 53/1b measuring 0. 8 guntas. These lands were acquired under 4 (1) notification which was notified in the official gazette on 4. 3. 1993. The Land Acquisition Officer ("lao" for short) has fixed the market value of these lands at Rs. 9040/- per acre treating them as agricultural lands by adopting sales statistics method. Upon an application made by the claimant, the LAO referred the matter to the Civil Court for determination of the correct market value of the acquired lands. Reference Court viz. , Additional Civil judge, Gulbarga fixed the market value at the rate of Rs. 1,04,500/-per acre with regard to the land bearing Sy. No. 53/2 measuring 2 acres treating it as a non agricultural land and Rs. 28,800/- per acre with regard to land bearing Sy. No. 51/2 measuring 1. 25 acres. The reference Court has also granted market value at the rate of Rs. 1,04,5007- per acre in respect of the tand bearing Sy. No. 53/1b involved in LAC 469 of 1994 with all consequential statutory benefits.

(3.) WHEN the State Government has questioned the enhancementof compensation in both these L. A. Cases, the claimant has filed cross Appeal No. 1 of 1997 for enhancement of compensation in respect of non-agricultural land from Rs. 1,04,500/- to Rs. 1,40,000/-per acre. This Court dismissed the State appeals, but allowed the claimant's Cross appeal No. 1 of 1997 and enhanced compensation by fixing the market value at the rate of Rs. 1,08,000/- per acre. R. P. No. 28 of 1999 is filed by the State to review the order passed by this Court in MFA. 1723 of 1997 C/w Cross Appeal No. 1 of 1997 and R. P. 95 of 2000 is directed against the order passed in MFA 1838 of 1997.