UNION OF INDIA Vs. ASHLAYABAI

JUDGEMENT

(1.) Though the appeals are listed for orders, with the consent of the learned counsels, the matter is taken up for disposal. In all these appeals the lands in question are acquired under the same notification, for the same purpose, are of the same village and the contentions raised are similar. Hence, they are clubbed and heard together and disposed of by this common judgment.

(2.) The beneficiary - South Central Railways is before this Court under Section 54(1) of the Land Acquisition Act (for short the 'Act') assailing the common judgment dated 06.12.2018 in LAC No.365/2010 in MFA No.201010/2019, LAC No.369/2010 in MFA No.201003/2019, LAC No.367/2010 in MFA No.201007/2019, LAC No.366/2010 in MFA No.201008/2019, LAC No.368/2010 in MFA No.201009/2019, LAC No.363/2010 in MFA No.201011/2019 on the file of II Additional Senior Civil Judge, Kalaburagi.

(3.) The lands bearing Sy.No.128/3 (128/6) measuring 6 acres 28 guntas, Sy.No.127/7 (127/5) measuring 0.24 guntas, Sy.No.129/1 (129/6) measuring 18 guntas, Sy.No.125/4 (125/6) measuring 10 guntas, Sy.No.128/1 (128/4) measuring 18 guntas and Sy.No.128/2 (128/5) measuring 25 guntas of Sindagi village which are the subject matter in these appeals were acquired by the notification dated 19.05.2005 issued under Section 4(1) of the Act for the purpose of formation of new broad gauge railway line from Gulbarga to Bidar. The Special Land Acquisition Officer passed award fixing the price of the acquired lands at the rate of Rs.20,500/- per acre for dry land. The claimants-respondents not being satisfied with the award, sought reference under Section 18 (1) of the Act in LAC Nos.365/2010, 369/2010, 367/2010, 366/2010, 368/2010 and 363/2010 on the ground that lands in question are having non-agriculture potentiality, surrounding lands are converted to non-agricultural purposes and the villages Shaik Roza and Zafarabad are nearby wherein enormous development has taken place. The appellants contended that the lands in question are agricultural lands and no development has taken place in and around Sindagi village, which has no non-agricultural potentiality. Before the Reference Court, the claimants examined themselves and marked documents on their behalf, whereas the appellant also examined RW-1 and produced documents in support of their contention. The Reference Court on the ground that the lands in question are having non-agricultural potentiality, while also having all urban characters and the lands being very near to developed city of Gulbarga and relying on the decision of this Court in MFA No.200360/2016 dated 25.01.2017 which related to Jafarabad and Shaik Roza villages, enhanced the compensation and held that claimants would be entitled for Rs.129.95/- per sq.ft. for the acquired lands along with all statutory benefits. Being aggrieved by the said enhancement of compensation, the beneficiary - South Central Railways is before this Court in these appeals.