SPECIAL LAND ACQUTION OFFICER UPPER KRISHNA Vs. BHIMAPPA

JUDGEMENT

(1.) THE Special Land Acquisition Officer, Upper Krishna Project, Jamkhandi, being aggrieved by the judgment and award dated 16-7-1999 in land Acquisition Case No. 715 of 1997 on the file of the Additional Civil judge (Senior Division), Jamkhandi (for short, 'the Reference Court'), awarding compensation at the rate of Rs. 1,30,000. 00 per acre for the acquired land excluding the pot kharab area with 30% solatium and 12% additional market value on the enhanced compensation amount from the date of Section 4 (1) notification to the date of award, i. e. , from 6-10-1994 to 18-9-1996, has preferred this appeal.

(2.) THE background facts in brief are that an extent of land measuring 10 acres 39 guntas comprised in Survey No. 389/1 of Todalbagi Village, jamkhandi Taluk, was acquired by the State by issuing Section 4 (1)notification, dated 6-10-1994 for the purpose of Rehabilitation Centre of displaced families of Kavatagi Village, Jamkhandi Taluk. The Land Acquisition Officer, after conducting award enquiry and basing on sales statistics, awarded compensation at the rate of Rs. 40,000. 00 per acre. The owners of the acquired land, not being satisfied with the quantum of compensation awarded by the Land Acquisition Officer, sought reference under Section 18 of the Land Acquisition Act (for short, 'the Act'), to the reference Court and accordingly, the claims were referred. The Reference Court by applying the method of capitalization and taking into account Ex. P. 8, an award passed in Land Acquisition Case No. 94 of 1997 on the file of the Civil Judge (Senior Division), Gokak, determined the compensation at the rate of Rs. 1,30,000. 00 per acre. Hence, this appeal by the State.

(3.) WE have heard learned Government Advocate for land acquisition and Sri Basavaraj Kareddy, learned Counsel for the respondents-owners.