SPECIAL LAND ACQUISITION OFFICER Vs. K BASAVANNA

JUDGEMENT

(1.) EARD the learned Government Advocate both on I. A. No. 1 of 2002 as well as on the question of admission of this miscellaneous second appeal filed by the appellant/lao.

(2.) THE appellant/lao on being aggrieved by the judgment and award dated 18-12-2001 passed by the 1st Appellate Court whereby it has confirmed the judgment and award made by the reference Court fixing the compensation at Rs. 34,000/- per acre, has preferred this miscellaneous second appeal. The land belonging to the respondent/claimant situated at Kuntur Village in Mysore District was acquired by the appellant/lao for the purpose of formation and distribution of house sites to the weaker section of the society under a preliminary notification dated 29-6-1s78. The Land Acquisition Officer determined the market value of the acquired land at Rs. 12,000/- per acre. On reference, the reference Court determined the market value of the acquired land at Rs. 34,000/- per acre. On appeal by the appellant/lao, the 1st Appellate court has confirmed the award and dismissed the appeal. Hence this miscellaneous second appeal. There being a delay in filing this appeal, the appellant/lao has filed I. A. No. 1 of 2002 for condonation of delay.

(3.) LEARNED Government Advocate for the appellant/lao has vehemently contended before me that the Courts below have grossly erred in taking Ex. P. 4 as the basis for fixing the market value of the acquired land in the absence of there being any evidence to show with regard to the similarity, comparability and proximity of the land involved in Ex. P. 4 and the lands in question. With regard to the delay in filing the appeal is concerned, he contended that the explanation offered by the appellant/lao is quite satisfactory and reasonable and hence the delay in filing the appeal may be condoned.