ASSISTANT COMMISSIONER CUM Vs. RAMAKRISHNA P.

JUDGEMENT

(1.) These two appeals are listed for admission.

(2.) The challenge before this Court is questioning the order passed in LAC No.8/2006 dtd. 9/2/2012 on the file of the Civil Judge (Sr.Dn.) at Puttur D.K., wherein the trial Court having taken note of Notification of the property which is the subject matter in question i.e. land bearing Sy.No.279/1B1B1A measuring 40 cents belonging to the claimant was acquired by the LAO by publishing the Notification under Sec. 4(1) of the Land Acquisition Act in the Karnataka Gazette dtd. 17/10/2003 for the purpose of KSRTC bus stand in Sulia. The LAO has passed an award on 28/2/2005 by fixing the rate at Rs.15,000.00 per cent and the same is challenged before the trial Court and the trial Court enhanced the same for Rs.40,000.00 per cent and hence the challenge is made before this Court by the State Government as well as by KSRTC in these two appeals.

(3.) The main contention of the respective counsel before this Court is that the Reference Court seriously holding that land in question is located in heart of the town. The said reasoning of the trial Court is result of misleading of the award made by the trial Court in LAC No.1/2008. The said award was marked before the trial Court as Ex.R2 and Ex.R2 only refers that certain Offices like the Offices of the Sub-Registrar, Taluka Office, the other Offices are located at a distance of half a kilometer of a land which was the subject matter of LAC 1/2008. Therefore, the said land was not in the midst of the town. The observation of the trial Court that the land acquired presently under the preliminary notification dtd. 17/10/2003 is located within the midst of the town is erroneous finding and the same is unsustainable.