SPECIAL LAND ACQUISITION OFFICER Vs. GURAPPA CHANNABASAPPA PARAMAJ

JUDGEMENT

(1.) In this appeal preferred by the Special Land Acquisition Officer, Hidkal Dam Project, Hidkal, under Section 54(1) of the Land Acquisition Act, the following important question of law arises for consideration :-

(2.) Brief facts of the case are these:- The lands belonging to the respondent were acquired pursuant to a preliminary notification issued under Section 4 of the Land Acquisition Act on 22-07-1965. Thereafter the Land Acquisition Officer made an award on 21-03-1968. The respondent also received the compensation amount awarded shortly after the award was passed. After 14 years thereafter, a reference under Section 18 of the Act was made by the then Land Acquisition Officer to the Court of the Civil Judge, Chikodi on 5/04/1982 enclosing thereto an application bearing the date 15-05-1968. Before the Civil Judge, an objection was taken to the effect that the reference was barred by time. But the learned Civil Judge rejected the objection on the ground that the records relating to the service of notice and also filing of application which were all with the possession of the appellant were not produced. Thereafter the learned Judge proceeded to make the award. The Land Acquisition Officer had awarded a compensation at the rate of Rs. 2,500/- per acre in respect of certain categories of lands and at Rs. 1,000/ - per acre regarding certain other categories of lands. The learned Judge enhanced the compensation in respect of all the lands at the rate of Rs. 11,000 / - per acre. Aggrieved by the said award, the appellant has presented this appeal.

(3.) In this appeal, the learned Government Advocate appearing for the appellant urged the following two grounds:-