SPECIAL LAND ACQUISITION OFFICER Vs. NAGESH D NAYAKA

JUDGEMENT

(1.) THIS appeal arises out of the impugned Judgment and Award dated 01.04.2011 passed in LAC No.114/2004 on the file of the Principal Civil Judge (Sr.Dn.), Shimoga, wherein the reference Court has awarded a sum of Rs.150/- per sq. ft. along with the statutory benefits as envisaged under Section 23 of the Land Acquisition Act. Being dissatisfied with the impugned Judgment and Award passed by the reference Court on the ground that the compensation awarded is disproportionate to the value of the land, the appellants have presented this appeal.

(2.) BRIEF facts leading to the case on hand are that the land in question along with several lands have been notified and acquired by a notification issued under Section 12 of the Land Acquisition Act, followed by the final notification on 14.02.2002 issued under Section 6(1) of the Land Acquisition Act. Thereafter after issue of notice to the respondents and after recording evidence, award has been passed by the Land Acquisition Officer on 29.10.2003. Not being satisfied with the award passed by the Land Acquisition Officer, respondent � claimant has filed an application seeking enhancement of compensation. The said application is registered as LAC No.114/2004 on the file of the Principal Senior Civil Judge, Shimoga. After recording evidence and placing reliance on the judgment passed in W.P.No.21921/2005 and other connected matters, the same was allowed. Being aggrieved by the said judgment, the appellants have preferred this appeal.

(3.) AFTER careful perusal of the impugned judgment, we do not find any error or material irregularity as such committed by the Reference Court. Placing reliance on Ex.P-5 and the order passed in W.P.No.21921/2005 and other connected matters arising out of the same notification, the impugned Judgment and Award has been passed by the reference Court and it has become final, as it has not been challenged by the appellants herein. Reliance placed by the Reference Court is just and proper having regard to the nature of land notified and acquired for the purpose of upliftment of Tungabadra Canal. Therefore interference by this Court is not called for.