SMT. Y. SARVAMANGALAMMA Vs. THE ASSISTANT COMMISSIONER, & LAND ACQUISITION OFFICER, KOPPAL, DISTRICT KOPPAL AND OTHERS

JUDGEMENT

(1.) IN this writ petition, petitioner is seeking a writ of mandamus against the 1st respondent - Assistant Commissioner and Land Acquisition Officer, Koppal, to consider and dispose of the application filed under Section 28A of the Land Acquisition Act (for short, 'the Act') vide Annexure -C.

(2.) THE land of the petitioner was acquired for formation of a road by a preliminary notification dated 15.06.1995. The Land Acquisition Officer fixed the market value of the land at Rs. 31,500/ - per acre. Petitioner did not seek reference for enhancement. However, other land losers, whose lands were also subject matter of acquisition under the same preliminary notification, sought reference. One such reference made to the Civil Court in LAC. No. 224/1999, the same was allowed enhancing the market value of the land to Rs. 73,000/ - per acre.

(3.) THE claimant in LAC. No. 224/1999 Sri Gangappa appears to have filed an appeal before the District Judge, Koppal, in M.A. No. 48/2000 seeking enhancement. The said appeal was allowed in part enhancing the market value of the land to Rs. 90,750/ - per acre. The said claimant preferred a second appeal in MSA. No. 122/2001 before this Court. This Court, taking note of the submission of the counsel for the appellant that for the lands acquired under the same notification this Court had fixed the market value at the rate of Rs. 1,15,000/ - per acre in MFA. No. 2894/2000, allowed the second appeal fixing the market value at Rs. 1,15,000/ - vide order dated 22.11.2001.