SPECIAL LAND ACQUISITION OFFICER K.R. PROJECT, PARAKALAMATA BUILDING MYSORE - 570001 Vs. DEVARASEGOWDA S/O. RAMEGOWDA

JUDGEMENT

(1.) HEARD on I.A. 1/12. Accepting the cause shown, delay of 69 days in filing the appeal is condoned. Application is allowed. 0.04 guntas of land in Sy. No. 45/4 of Kadanahalli Village, Jayapura Hobli, Mysore Taluk, amongst other small extents of land when acquired by the state government in exercise of its eminent domain power to wit for "Varuna Nala" by issuing a preliminary notification dt. 1/12/2005 under Sec. );";4(1) of the Land Acquisition Act, 1894, for short 'the Act', followed by a final notification under Sec. );";6(1) on 12/1/2007, the Special Land Acquisition Officer, based on sales statistics, fixed the market value of the acquired land at Rs. 39,000/ - per acre, by award dt. 20/8/2007. The land loser's application under Sec. );";18(1) of the Act for enhancement of compensation when referred to the I Addl. Civil Judge (Sr. Dn.), Mysore, was registered as LAC No. 851/07 and clubbed along with LAC No. 854/07, 858/07, 855/07, 856/07 and 869/07, also for enhancement of compensation in respect of immovable properties acquired under the very same preliminary and final notifications for the very same public purpose. The claimants adduced common evidence in LAC No. 854/07 by examining the claimant in the said Reference as PW -1 and marked two documents as Ex. P1 and P2. The Land Acquisition Officer did not lead evidence, however the general award and individual awards were marked as Ex. R1 to R25, by consent. The Civil Court having regard to the undisputed fact that the 0.04 guntas of land since acquired under preliminary notification dt. 1/12/2005, was within the limits of Kadanahalli Village while several other lands acquired for the very same purpose were also in the same village, under the preliminary notification dt. 9/12/2004 (i.e., 11 months 23 days earlier), subject matter of Reference in LAC Nos. 36, 23, 24 and 28/07, whence the market value of the acquired lands was enhanced to Rs. 2,61,479/ - per acre, and, following the opinion of this Court in Bhim Singh and Others etc. etc. Vs. State of Haryana and Another, AIR 2003 SC 4382 holding that the rate of compensation for all the acquired lands similarly situated in the adjoining villages cannot be found fault with and liable to be confirmed, therefore, by judgment and award dated 15/4/2008, allowed the Reference and enhanced the market value of the acquired land to Rs. 2,61,479/ - per acre.

(2.) THE Special Land Acquisition Officer, aggrieved by the judgment and award, preferred LACA No. 12/2010 before the Principal District Judge at Mysore, who by judgment dated 1/1/2011 having found no merit dismissed the appeal. Hence, this second appeal.

(3.) NO substantial question of law arise for decision making and the appeal is accordingly dismissed.