BASALINGAPPA Vs. ASSISTANT COMMISSIONER & LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Appellants-Land losers are before this Court under Section 54 (1) of the Land Acquisition Act (hereinafter referred to as the 'Act' for short) praying for enhanced compensation not being satisfied with the compensation awarded under the common judgment and award dated 06.06.2012 in LAC Nos.20 and 21 of 2003 on the file of Senior Civil Judge and JMFC, Muddebihal.

(2.) Facts required for the purpose of deciding these appeals are that the appellants were the owners of land in Sy.No.178 measuring 3 acres of Talikoti village of Muddebihal taluk and Sy.No.239 measuring 3 acres of Minjagai village of Muddebihal taluk respectively. The said lands were acquired by the State by its notification under Section 4(1) of the Act dated 18.09.1986 for the purpose of construction of High Bridge upon Doni river. Award was passed on 11.06.1987 fixing the price of the land acquired at the rate of Rs.6,400/- per acre by the Special Land Acquisition Officer. The appellants, not being satisfied with the determination of land value by the Special Land Acquisition Officer, sought reference under Section 18 of the Act to the Civil Judge. Before the Reference Court, the appellants examined PWs-1 to 3 and marked Exs.P1 to P15 in both the LACs. No witness was examined by the respondent, however, document Ex.R1 was marked apart from Exs.C1 to C4 through Court Commissioner. The Reference Court, on consideration of the material on record, enhanced compensation to Rs.2,00,000/- per acre with statutory benefits. The claimants not being satisfied with the enhanced compensation, praying for further enhancement, are before this Court in these appeals.

(3.) Heard learned counsel Sri Shivayogi for the appellants and learned AGA Smt. Archana P. Tiwari for respondent-State. Perused the material on record.