LAWS(KAR)-2021-6-238

G. ANJANI Vs. SPECIAL LAND ACQUISITION OFFICER

Decided On June 18, 2021
G. Anjani Appellant
V/S
SPECIAL LAND ACQUISITION OFFICER Respondents

JUDGEMENT

(1.) The appellant/claimant filed the present Miscellaneous First Appeal against the Judgment & Award dated 30.10.2012 made in LAC No.38/2007 on the file of the Senior Civil Judge & JMFC, Gubbi, awarding compensation of Rs.64,000/-, Rs.84,000/-, Rs.68,000/- and Rs.60,000/- towards the lands and Rs.4,23,360/-, Rs.1,28,250/-, Rs.23,040/, Rs.11,342/-, Rs.1,000/- and Rs.75,650/- respectively as compensation towards 56 coconut trees, 38 arecanut trees, 3 jali trees, 1 jack fruit tree, 1 lemon plant and one borewell.

(2.) It is the case of the claimant that Sy.Nos.148/1, 148/2, 209 and 175 of Ungra, C.S. Pura Hobli, Gubbi taluk belonged to him. In the said lands, the lands to the extent of 16 guntas, 21 guntas, 17 guntas and 15 guntas were acquired by the respondent for formation of Hemavathi Channel. It is further case of the claimant there were 56 coconut trees, 38 arecanut trees, 3 jali trees, 1 jackfruit tree, 1 lemon plant and one borewell in the acquired land and a meager compensation was awarded by the respondent towards the lands and trees. The respondent issued the preliminary notification on 15.4.2004 and the final notification on 7.7.2005 and the award came to be passed by the Land Acquisition Officer on 16.9.2005. Being not satisfied with the award passed by the Land Acquisition Officer, the claimant filed an application under Section 18(1) of the Land Acquisition Act before the reference Court for enhancement of compensation.

(3.) In order to prove the case of the claimant, he got examined himself as PW.1 and produced the material documents - Ex.P1 to Ex.P22. The respondents have not produced any material documents to disprove the case of the claimant.