NARAYAN RAYOJI JANG Vs. S.L.A.O.

JUDGEMENT

(1.) Appellant in LAC. Appeal M.A. 1/2007 on the file of District and Sessions Judge, Gadag, has come up in this miscellaneous second appeal impugning the judgment and decree dated 28.5.2012 passed therein and seeking enhancement of compensation. Admitted facts are that lands of appellants herein bearing Sy. No. 407 measuring to an extent of 1 acre 35 guntas was acquired for construction of Main Distribution System of Irrigation Canal. Admittedly, preliminary notification is of the year 1973 and final notification under Section 6(1) is of the year 1976. The Special Land Acquisition Officer after ascertaining the value of the land from the panchas has proceeded to award a sum of Rs. 1,100/- per acre. Against which it is seen that a reference was made under Section 18 of the Land Acquisition Act, which came to be allowed in part in enhancing the compensation from Rs. 1,100/- per acre to Rs. 2,000/- per acre by judgment and decree dated 30.9.2006. Against which the appellant herein had preferred a miscellaneous appeal in LAC. Appeal M.A. 1/2007 wherein the lower appellate court on re-appreciation of the material on record has come to the conclusion that compensation awarded is required to be enhanced from Rs. 2,000/- per acre to Rs. 4000/- per acre.

(2.) Being not satisfied with the same, the present miscellaneous second appeal is filed contending that compensation which is awarded is on the lower side and the same should have been awarded at Rs. 28,800/- taking into consideration the compensation awarded for acquisition of lands at Kanakikoppa village, which is said to have taken place in the year 1976.

(3.) Heard the learned counsel for appellant and perused the judgment of both the courts below. On going through the same it is seen that both the courts below have rightly appreciated the contentions urged by appellant herein and have come to the conclusion that appellant has not established that land belonging to him is located closer to the land which is acquired subsequently in the year 1976 and the compensation which is awarded for that land would be applicable to the land of appellant is not properly established. In that view of matter, the courts below rightly held that compensation payable to appellant for acquisition of his land would be at Rs. 4,000/- per acre. On going through the judgment of courts below this Court find that compensation awarded by lower appellate court at Rs. 4,000/- per acre appears to be just and proper. In that view of matter, admitting this miscellaneous second appeal to consider correctness or otherwise of impugned judgment does not arise. Accordingly, it is dismissed.