ASSISTANT COMMISSIONER, MYSORE SUB-DIVISION Vs. PUTTAMMA

JUDGEMENT

(1.) Though this matter is posted today in orders list, with the consent of learned Additional Government Advocate appearing for the appellant, the same is taken up for final disposal. This appeal by the appellant is arising out of the impugned common judgment and decree dated 30-3-2010 passed in LAC No. 456 of 2004 by the Principal Senior Civil Judge and CJM, Mysore (hereinafter referred to as "the Reference Court" for short), on the ground that the compensation awarded by the Reference Court is on higher side and is liable to be reduced.

(2.) The undisputed facts of the case is that, the land bearing Sy. Nos. 62 and 63, measuring 3 acres 13 guntas, situated at Lingabudi Village, Mysore Taluk and District belonging to the claimant along with other lands have been notified and acquired by the Competent Authority of the State for the formation of Ring Road, vide preliminary notification issued under Section 4(1) of Land Acquisition Act, 1894, dated 20-8-2001, published in the Gazette on 23-8-2001, followed by final notification dated 26-11-2001 issued under Section 6(1) of the Land Acquisition Act, published in the Gazette on 12-12-2001. The Land Acquisition Officer, after issuing notices under Sections 9 and 10 of the Act, has passed the award on 10-12-2002, fixing the market value at Rs. 2,55,000/- per acre. Thereafter, possession was taken on 17-3-2003. Not being satisfied with the award passed by the Land Acquisition Officer, the claimant has filed an application under Section 18(1) of L.A. Act, seeking enhancement of compensation and praying to refer the matter to the jurisdictional Civil Court. Accordingly, the matter was referred to jurisdictional Reference Court and numbered as LAC No. 456 of 2004.

(3.) The Reference Court, on the basis of the pleadings available on record, after considering the oral and documentary evidence and other relevant materials on file, following the judgment passed in LAC No. 517 of 2004 and connected matters and taking into consideration the nature and potentiality of the lands in question, has allowed the same and fixed the market value at Rs. 16,72,760/- per acre with all statutory benefits.