UGREGOWDA Vs. SPECIAL LAND ACQUSITION OFFICER

JUDGEMENT

(1.) BOTH the appeals arise out of the common judgment dated 22-2-1999 on the file of the Court of the III Additional Civil Judge at Mysore (for short 'the Civil Court' ). Hence, both the appeals were clubbed and heard together and they are being disposed of by this common judgment. M. F. A. No. 2435 of 2000 is directed against the judgment and award passed in LAC No. 486 of 1996 whereas M. F. A. No. 2469 of 2000 is directed against the judgment and award passed in LAC No. 487 of 1996. The appellant in both the appeals is the same person and he is the owner of the acquired land.

(2.) THE facts of the case, in brief, are as follows: the State of Karnataka in exercise of eminent domain power acquired 4 acres 39 guntas of land comprised in Survey Nos. 66/2 and 67 situate in Srirampuram Village, Mysore Taluk for a public purpose, to wit, for formation of Varuna Nalla by issuing Section 4 (1) notification dated 20-1-1993 under the Land Acquisition Act, 1894 (for short, 'the act') and the same was published in the Official Gazette on 3-2-1994.

(3.) THE Land Acquisition Officer (for short, 'the LAO') after conducting award enquiry passed the award on 26-4-1995 determining the market value of the acquired land at the rate of Rs. 74,500/- per acre basing on sales statistics. The appellant received the compensation awarded by the lao under protest and made applications under Sections 18 of the Act, to refer the matter to the Civil Court for enhancement of compensation.