ANSARSAB AND MASAKSAB Vs. THE CHIEF ENGINEER

JUDGEMENT

(1.) THE delay of 293 days is condoned subject to the condition that appellants/claimants are not entitled for interest for the delay period in preferring this appeal. This appeal is arising out of the award passed by the first Appellate Court in LAC Appeal No. 4/2012 against the judgment and award of the Reference Court. In the appeal preferred by the State, the first Appellate Court reduced the compensation from Rs. 1,35,000/ - per acre to Rs. 63,900/ - per acre. Being aggrieved by the reduction of compensation awarded by the Reference Court by the first appellate Court, the claimants are before this Court.

(2.) THE land bearing Sy. No. 54/3 measuring 01 acre 33 guntas of dry land and 01 guntas of P.K. land situated at Kallahipparga village is acquired for construction of Left Bank Canal of Gandorinala Irrigation Project by preliminary notification under Section 4(1) of Land Acquisition Act dated 21.04.2005 and after final notification, the Land Acquisition Officer awarded Rs. 29,000/ - per acre as the market value. Being not satisfied, on such reference being made to Civil Court for determination of market value to the land acquired, the Civil Judge (Sr. Dn), Chittapur awarded Rs. 1,35,000/ - per acre. Being aggrieved, on the appeal preferred by the Land Acquisition Officer, the first appellate Court reduced the compensation from Rs. 1,35,000/ - per acre to Rs. 63,900/ - per acre. Being not satisfied, the claimants are before this Court.

(3.) ACCORDING to learned counsel for the appellants, even for the acquisition of the land for the year 1996 -1999 Rs. 1,18,000/ - per acre has been awarded. Whereas the acquisition in the case on hand is of the year 2005. Accordingly, although Reference Court has taken that into consideration and has passed an award awarding Rs. 1,35,000/ - per acre, without applying mind, the first appellate Court reduced the compensation to Rs. 63,900/ - per acre which is illegal and also sought for enhancement of compensation taking the enhancement @ 10% per annum as per the decision of this Court in MFA No. 11868/2006.