V. GOPALAKRISHNA, S/O VENKATANARASAPPA Vs. THE SPECIAL LAND ACQUISITION OFFICER, SHIMOGA URBAN DEVELOPMENT AUTHORITY, SHIMOGA DISTRICT, SHIMOGA

JUDGEMENT

(1.) THOUGH all these four appeals are listed for admission, they are taken up for final disposal as requested by the learned Counsel for the parties. These appeals are arising out of common judgment and award dated 6.10.2009 passed in IA,C. Nos. 143, 147, 148 and 145 of 1999 on the file of I Additional Civil Judge (Sr.Dn) and CJM, Shimoga. The claimants/appellants being aggrieved by the common judgment and award passed in the aforesaid proceedings felt necessitated to present these appeals on the ground that the compensation awarded is inadequate and requires enhancement.

(2.) BRIEF facts of the case are as under: The lands in question have been notified and acquired by the State Government in favour of Shimoga Urban Development Authority; the beneficiary for formation of residential layout by issuing the final notification and followed by the notices issued under Sections );">9 and );">10 of the Land Acquisition Act. Thereafter, after receiving the objections filed by the appellants the Land Acquisition Officer passed the award. Not being satisfied with the award passed by the Land Acquisition Officer on the ground that the market value fixed by the Land Acquisition Officer is inadequate, the appellants herein filed reference under Section );">18(1) of the Land Acquisition Act seeking enhancement. The Reference Court, after assessing the oral and documentary evidence borne -out from the record, allowed the reference in part awarding compensation at the rate of Fts.65,000/ - per acre with all statutory benefits as envisaged under Section );">23(2) and also under Section );">23(1)(a) of the Land Acquisition Act. Not being satisfied with the common judgment and award passed by the reference Court, the appellants felt necessitated to present these appeals seeking appropriate relief as prayed for in the appeals.

(3.) IN reply to the said submission of the learned counsel for the appellant, the learned counsel for the respondent inter alia submitted that the submission of the learned counsel for the appellants may be placed on record and the matter may be disposed of with a direction to the reference Court to dispose of the matters as expeditiously as possible.