LADLE PATEL Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This Miscellaneous Second Appeal is filed under Sec. 54(2) of the Land Acquisition Act, against the judgment and award dtd. 14/3/2011 passed in LAC Appeal No.112/2010 by the III Addl. District Judge, Gulbarga (hereinafter referred to as 'the First Appellate Court' for short), setting aside the judgment and award dtd. 9/8/1995 passed in LAC No.563/1993 by the Prl. Senior Civil Judge, Gulbarga (hereinafter referred to as the Reference Court' for short) and awarding compensation of Rs.24,000.00 per acre to the dry lands as against Rs.13,000.00 per acre awarded by the Reference Court, seeking further enhancement of compensation.

(2.) The brief facts of the case are that, the appellant was the owner of the land bearing Sy.No.49/2A measuring 9 acres 29 guntas situated in Kollur village of Gulbarga District. The same was acquired by the SLAO along with other lands for the purpose of construction of Gobbur Tank vide vide 4(1) Gazette Notification dtd. 10/4/1984. The SLAO has passed an award, fixing the market value of the land at Rs.3,800.00 per acre for dry lands. The appellant had filed protest petition, as the market value fixed by the SLAO is very meager compared to the actual market value and then the Reference Court in LAC No.563/1993 by adopting the capitalization method has determined the market value at Rs.13,000.00 per acre. The appellant being dissatisfied with the judgment and award has filed an appeal in LAC Appeal No.112/2010 and the First Appellate Court has enhanced the market value to Rs.24,000.00 per acre as against Rs.13,000.00 per acre. Being dissatisfied with this judgment and award, the appellant has filed the present appeal.

(3.) Heard the learned counsel appearing for both the parties and perused the records.