MANIKLAL AND ORS. Vs. THE SPECIAL LAND ACQUISITION OFFICER, URBAN DEVELOPMENT AUTHORITY AND THE COMMISSIONER, GULBARGA DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) PETITIONERS ' application under section 28 -A of the Land Acquisition Act, 1894, [for short 'the Act'], when allowed by order dated 7.4.2004, re -determining the compensation at the rate of Rs. 68,500/ - on the basis of the Award passed in LAC No. 315/1993, as modified in MFA No. 2691/1997 along with cross appeal No. 6/1998 and as affirmed by the Apex Court by dismissing the special leave petition preferred by the land losers [cross appellants], have presented these petitions, calling in question, the order dated 9.3.2012 in Misc. No. 25/2007 of the Principal Civil Judge [Sr. Dn.], Gulbarga, rejecting the petition for re -determination of compensation under section 28A of the Act, on the premise that the re -determination of compensation by order dated 7.4.2004 Annexure -R of the Deputy Commissioner, was inadequate since the petitioners claimed compensation of Rs. 2 lakhs per acre. There is no dispute that large tracts of land were acquired under the preliminary notification dated 22.12.1977 and the final notification under section 6[1] of the Act. The land measuring 19 acres 10 guntas in Sy. No. 9/3 belonging to the petitioners was acquired along with several other lands, including the land bearing Sy. No. 5/1 under the very notification. The land losers in Sy. No. 5/1 sought for enhancement of compensation and their claim was referred to the Civil Judge, [Sr. Dn.,], Gulbarga, in LAC No. 315/1993.

(2.) BY Award dated 5.7.1997, the Civil Judge determined Rs. 78,000/ - per acre as market value of the said lands. Immediately thereafter, on 19.7.1997, petitioners filed application under section 28A of the Act, for re -determination of the compensation as awarded by the civil court in LAC No. 315/1993. The acquiring authority challenged the Award passed in LAC No. 315/199.3 before this court in MFA No. 2691/1997 while the land losers filed cross appeal No. 6/1998.

(3.) PETITIONERS ' application under section 28A of the Act was allowed by order dated 7.9.2004 re determining the market value of the land in Sy. No. 9/3 measuring 19 acres 10 guntas at Rs. 68,500/ - per acre after deducting Rs. 4,000/ - which was awarded by the Land Acquisition Officer, since the petitioners did not seek enhancement of compensation, by filing an application under section 18[3] of the Act.