SANTOSHKUMAR Vs. CHIEF ENGINEER

JUDGEMENT

(1.) There is a delay of 2058 days in preferring the appeal. The Counsel appearing for respondents 1 and 2 has vehemently objected for condonation of delay. In the interest of maintaining the uniformity in the matter of award, as it is submitted by the appellant that in other cases in respect of the same notification the same compensation has been awarded, however, without awarding any interest for the delay period, this appeal is taken up for disposal and delay is condoned as it would not cause any inconvenience to the State also. However, the claimants are not entitled for interest for the delay period, on the enhanced amount. In this appeal, the appellants are seeking for enhancement of compensation as against the award passed by the Reference Court namely, Civil Judge (Senior Division), Aland in LAC No. 208 of 2003.

(2.) The property in Sy. No. 105 measuring 18 acres 8 guntas has been acquired by the notification dated 18-9-1997 and the award was passed on 28-3-2000. The property was acquired for the purpose of Gandorinala Project, situated at Dhammur Village, Aland Taluk, Gulbarga District.

(3.) The award is passed by the Reference Court fixing the market value at Rs. 1,22,000/- per acre. According to the learned Counsel for the appellants, the Apex Court in Civil Appeal No. 2489 of 2011, an appeal arising out of the land acquired for Gandorinala Project of the adjacent village in respect of the same appellants, has awarded compensation of Rs. 1,82,000/- per acre along with statutory benefits and interest. Accordingly, he has sought for enhancement of compensation from Rs. 1,22,000/- to Rs. 1,74,000/-.