SATYAKUMAR Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This cross-objection is filed under Order 41 Rule 22 of Code of Civil Procedure, 1908 by the claimants in MFA No.5473/2004 against the judgment and award dated 12.12.2003 passed in LAC No.290/2002.

(2.) Brief facts of the case are that, by notification dated 08.04.1991 under Section 4(1) of Land Acquisition Act (for short, 'the Act'), land bearing Sy.No.95 situated at Chennur village measuring 8 acres 28 guntas, out of which an extent of 4 acres is wet/irrigated land and remaining 4 acres 28 guntas is dry land, was proposed for acquisition for the public purpose of Lower Mullamari Project. The Special Land Acquisition Officer passed award determining the value of wet land at Rs.12,000/- per acres and dry land at Rs.8,000/- per acre. Not being satisfied with the award, petition under Section 18(1) of the Act was filed by the claimants before the Civil Judge (Sr.Dn.), Sedam seeking enhancement of compensation.

(3.) Before the reference court, cross-objector No.4 namely, Sri Shivakumar examined himself as P.W.1 and got exhibited five documents as Exs.P.1 to 5. Respondent did not lead any evidence. The reference court by the impugned judgment held that the claimants are entitled for compensation at the rate of Rs.33,400/- per acre for dry land and Rs.58,000/- per acre for irrigated lands. Aggrieved by the said judgment and award, the SLAO filed MFA No.5473/2004. On receipt of notice in the said appeal, the claimants have filed the cross-objection seeking enhancement of compensation.