N. SAVITHA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Miscellaneous First Appeal 7954/2014 is filed by the landlady seeking enhancement of award of compensation and Miscellaneous First Appeal 6429/2015 is filed by the State seeking reduction of award of compensation awarded by the Reference Court by the impugned common judgment and award dtd. 14/8/2014 passed in LAC No.35/2011 awarding compensation of Rs.30,49,200.00 per acre and Rs.33,600.00 for coconut trees standing on the land along with other statutory benefits.

(2.) The State Government issued preliminary Notification dtd. 24/11/2008 under the provisions of Sec. 4(1) of the Land Acquisition Act (for short, hereinafter referred to as 'the Act') for acquisition of the land of the appellant bearing No.81/2 measuring 0.20 guntas of Bechark Revenue Village, Belagola Hobli, Srirangapatna Taluk for expansion of Ranganathittu Bird Sanctuary at Srirangapatna Taluk followed by Final Notification under the provisions of Sec. 6(1) of the Act in the year 2009. Accordingly, the Land Acquisition Officer passed an award dtd. 8/10/2010 fixing the market value of the acquired land at the rate of Rs.21,488.00 per gunta and Rs.13,348.00 for four coconut trees. Not being satisfied with the award passed by the Land Acquisition Officer, the owner/land loser filed protest petition under Sec. 18(1) of the Act. On reference and on re-appreciation of the oral and documentary evidence relied upon by both parties, the Reference Court by the impugned judgment and award dtd. 14/8/2014 awarded a sum of Rs.30,49,200.00 per acre in respect of the land in question and Rs.33,600.00 for coconut trees standing on the land. Hence, the Land loser/owner filed the appeal for enhancement of compensation and State has filed the appeal for reduction of compensation awarded by the Reference Court.

(3.) We have heard the learned Counsel for the parties to the lis.