SPECIAL LAND ACQUISITION OFFICER Vs. VITHAL BEERAPPA NAIK

JUDGEMENT

(1.) THE State acquiring body has preferred this appeal calling in question the judgment and award dated 17-2-2001 passed in LAC No. 29 of 1989 on the file of the Additional Civil Judge (Senior Division), Karwar (for short, the "civil Court" ).

(2.) BY the impugned award of the Civil Court compensation at the rate of rs. 20,000/- per acre and Rs. 79,000/- for horticultural tree is awarded.

(3.) THE facts of the case in brief are as follows: the State acting through the appellant-Land Acquisition Officer (for short, the "lao") and in exercise of eminent domain power, acquired 4 acres 32 guntas of land comprised in Sy. Nos. 9/1 and 9/4 of Balamane Village of karwar District, for a public purpose to wit, for construction of Kadra dam by issuing Section 4 (1) notification dated 8-8-1995 under the provisions of the land Acquisition Act, 1894 (for short, the "act" ). The LAO, after conducting award enquiry passed an award on 20-5-1988 determining the market value at rs. 8,500/- per acre by placing reliance upon the sales statistics. The owners of the acquired land not being satisfied with the award of compensation by the lao, sought reference of their claims under Section 18 (1) of the Act for more compensation and on such reference, the Civil Court placing reliance on the judgment rendered by this Court in M. F. A. No. 1170 of 1993 determined the market value of the acquired land at the rate of Rs. 20,000/- per acre. With regard to horticultural trees, the Civil Court determined the market value at rs. 79,000/ -. The State being aggrieved of such determination of the market value for the acquired land as well as horticultural trees, has preferred this appeal.