UNION OF INDIA Vs. KASHAPPA MADIVALAPPA

JUDGEMENT

(1.) All these appeals are by the Union of India presented under S. 54 of the Land Acquisition Act, 1894, as amended by Karnataka Act No. 17 of 1961 (hereinafter referred as the Act), challenging the awards made by the Prl. Civil Judge, Belgaum in L.A C. Nos. 627 of 1978, 628 of 1978, 234 of 1977, 253 of 1977, and 489 of 1978 respectively .

(2.) It is in pursuance of the preliminary notification issued on 20th May 1971 under S. 4 of the Act that the lands belonging to the respective claiments situate in Sambra village Belgaum Taluk in Belgaum Dist were acquired for the construction of Civil Aviation at Sambra. The Land Acquisition Officer awarded compensation fixing the market value of the lands acquired at Rs 2,300 per acre. The respective claimants sought reference under S. 18 to the court of the Civil Judge. Belgaum for enhancement of compensation. The learned Civil Judge has enhanced the compensation in all these cases by fixing the market value of the lands acquired at Rs. 12,000/- per acre. It is the awards made by the learned Civil Judge enhancing compensation that are challenged by the Union of India in these five appeals.

(3.) In th first two appeals, the appellant has filed I.A.I, seeking leave of the court to prefer the appeals In the remaining three appeals, no such applications have been presented. As common questions of law regarding maintainability of these appeals have arisen for consideration, all these appeals were heard together and are being disposed of by this common judgment.