THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD Vs. SUNITHA

JUDGEMENT

(1.) Though the matter is posted for consideration of interlocutory application, with the consent of learned counsel for both the parties, the matter is taken up for final hearing.

(2.) The Karnataka Industrial Areas Development Board, represented by its Secretary and the Special Land Acquisition Officer of the said Board have preferred the present Miscellaneous First Appeal against the judgment and award dtd. 12/4/2019 made in LAC No.203/2006 on the file of the Senior Civil Judge and JMFC, Anekal, awarding compensation by fixing the market value of the acquired land at the rate of Rs.75.00 per sq.ft. including the compensation already awarded by the Land Acquisition Officer, entitling the claimants for solatium amount at 30% on the enhanced market value as provided under Sec. 23(2) of the Land Acquisition Act and also for additional market value of 12%. The claimants were also made entitled for interest at 9% per annum on the enhanced compensation from the date of taking of possession for a period of one year and also at the rate of 15% till making payment as provided under Sec. 28 of the Act.

(3.) It is the case of the appellants that the lands of the respondents/claimants measuring 1 acre 14 guntas and 4 guntas of pot kharab in Sy.No.26/3 of Jigani village and Hobli, Anekal Taluk, Bengaluru Urban District, was acquired by the State Government by issuing preliminary notification dtd. 6/2/1992 under Sec. 28(1) of the Karnataka Industrial Areas Development Act and the final notification dtd. 31/12/1993 under Sec. 28(4) of the Karnataka Industrial Areas Development Act. The possession of the lands was taken on 28/2/1997. The Special Land Acquisition Officer passed award dtd. 2/8/1997 determining the market value of the acquired land at Rs.2,30,000.00 per acre. The respondents/ claimants being not satisfied with the award passed by the Special Land Acquisition Officer, sought for reference, under Sec. 18 of the Act.