SPECIAL LAND ACQUISITION OFFICER, MYSORE Vs. KARIYAPPA

JUDGEMENT

(1.) 12 guntas of land in Sy. No. 39 of Aregowdanahalli Village, Varuna 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. 14/6/1998 under Sec. 4(1) of the Land Acquisition Act, 1894, for short 'the Act. followed by a final notification under Sec. 6(3) on 14/9/1998, the Special Land Acquisition Officer, based on sales statistics, fixed the market value of the acquired land at Rs 32,000/- per acre, by award dt. 15/5/1999. The land loser's application under Sec. 18(1) of the Act for enhancement of compensation when referred to the III Addl. Civil Judge (Sr. Dn. ), Mysore, was registered as LAC No. 317/2004. The claimant adduced evidence by examining himself as PW-1 and marked 4 documents as Ex. P1 to P4. The Special Land Acquisition Officer did not lead evidence, however the general award and individual awards were marked as Ex. R1 & R2, by consent. The Reference Court, placing reliance upon Ex. P1, the judgment and award dt. 20/2/2007 in LAC No. 422/2005 of the I Addl. Civil Judge (Sr. Dn. ), at Mysore, whence Rs 1,99,650/- per acre was fixed as the market value of the land measuring 12 guntas in Sy. No. 39 of Madapura village acquired under the preliminary notification dt. 09/01/1997, 1 year and 5 months prior to the preliminary notification, subject matter of reference and in the adjoining village, accepted the very same market value and applying appreciation of Rs 10,000/- per year arrived at Rs 14,200/-, totalling to Rs 2,13,850/- per acre, following the opinion of this Court in State of Karnataka by Special Land Acquisition Officer & Ors. vs. Mallappa & Ors., 2003 ILR(Kar) 2336 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 19th December 2007, allowed the Reference and enhanced the market value of the acquired land to Rs 2,13.850/-per acre. The Special Land Acquisition Officer, aggrieved by the judgment and award, preferred LACA No. 46/2009 before the Principal District Judge at Mysore, whence, by judgment dated 5th July 2010, having found no merit, dismissed the appeal. Hence, this second appeal.

(2.) The only contention advanced by the learned HCGP for the appellant is that the land measuring 12 guntas in Aregowdanahalli Village is not similar to the land subject matter of LAC No. 422/2005, and situated in an adjoining village, acquired under the preliminary notification issued 1 year and 5 months earlier, though for the very same public purpose of forming Varuna Nala. Having heard the learned HCGP, perused the pleadings and examined the judgment and award of the Courts below, in the absence of any distinct material brought on record in the evidence, both oral and documentary, before the reference court, this court cannot hasten to conclude that the acquired lands did not offer a comparable value in particular, when the award earlier passed in LAC No. 422/2005, has already attained finality.