MALLAPPA Vs. ASSISTANT COMMISSIONER-CUM-LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Both these appeals are pertaining to the preliminary notification dtd. 16/5/1991 issued under Sec. 4(1) of the Land Acquisition Act (for short, 'the Act') for the purpose of formation of residential plots under Scheme No.2 of Development Authority, Bijapur in respect of the lands situated at Mahalbhagayat Bijapur Taluk, Dist. Bijapur. Since both these appeals arising out of said notification, they are taken up for common hearing and common disposal.

(2.) By notification dtd. 16/5/1991 issued under Sec. 4(1) of the Act, the Government sought to acquire land of the claimants in S.R. Sy.No.307/1, measuring 10 acres 03 guntas situated at Mahalbhagayat, Bijapur Taluk and District for the purpose of formation of residential plots. The SLAO on 15/4/1994 passed the award fixing the market value of land at Rs.12,000.00 per acre. Aggrieved by the same, the claimants sought reference under Sec. 18(2) of the Act in LAC No.107/1995. By judgment and award dtd. 14/10/2014, the II Addl. Senior Civil Judge, Biajpur relying upon the judgment of this court in MFA Nos.3291/2005, 3353/2005 to 3337/2005 and 3340/2005 fixed the market value at Rs.11.87 per sq. ft. Aggrieved by the same, present appeal is filed seeking enhancement. IN MFA No.200261/2015:

(3.) By notification dtd. 16/5/1991 issued under Sec. 4(1) of the Act, the Government sought to acquire land of the claimants in S.R. Sy.No.308/2C, measuring 03 acres 09 guntas situated at Mahalbhagayat, Bijapur Taluk and District for the purpose of formation of residential plots. The SLAO on 15/4/1994 passed the award fixing the market value of land at Rs.12,000.00 per acre. Aggrieved by the same, the claimants sought reference under Sec. 18(2) of the Act in LAC No.52/2010. By judgment and award dtd. 31/10/2014, the II Addl. Senior Civil Judge, Biajpur relying upon the judgment of this court in MFA Nos.30179/2009 fixed the market value at Rs.11.95 per sq. ft. Aggrieved by the same, present appeal is filed seeking enhancement.