MAHALINGAPPA SHETTEPPA PATROT Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) In this appeal, the land loser lays a challenge to the Judgment & Award, dated 16.08.2012 entered by the learned Senior Civil Judge, Mudhol, whereby his reference in LAC No.3109/1998 having been dis-favoured the compensation came to be downwardly revised by taking the land price at Rs.15.35 per sq. ft. which is on par with the one taken by the LAO coupled with a further discount of 10%.

(2.) After service of notice, the respondent-LAO having entered appearance through the learned Government Advocate and the respondent-KEB having been represented by its Senior Panel Counsel, resist the appeal making submission in justification of the impugned Award; they contend that the learned Judge of the Reference Court below having had the advantage of accumulated wisdom in matters of the kind has employed the same in framing this award and therefore, there is no warrant for indulgence of this Court merely because another view is arguably possible; so contending, they seek dismissal of the appeal.

(3.) Having heard the learned counsel for the parties and having perused the original LCRs, we are inclined to grant indulgence in the matter as under and for the following reasons: