JAYAMMA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This appeal is filed by the claimant under Sec. 54(1) of the Land Acquisition Act, 1894 (for short, ' LA Act ') for enhancement of the compensation granted by the Reference Court by award dtd. 19/10/2010.

(2.) The brief facts of the case are that the claimant is the owner of the land measuring 1 acre 10 guntas at Sy.No.66/1 situated at Byadarabilugali Village, Periyapatna Taluk and the said land has been acquired under a preliminary notification dtd. 13/3/2003 for the purpose of Periyapatna Lift Irrigation Project. The Land Acquisition Officer passed an award on 17/1/2004 determining the market value of the acquired land at Rs.36,800.00 per acre. Being aggrieved by the same, the claimant filed an application under Sec. 18(1) of the LA Act. The same has been referred to the Reference Court and it has been numbered as LAC No.67/2009. On consideration of the arguments of the parties and the materials available on record, the Reference Court enhanced the compensation from Rs.36,800.00 to Rs.62,060.00 per acre. Being aggrieved by the same, the claimant has filed this appeal.

(3.) The learned counsel appearing for the claimant has contended that for the very same purpose, adjacent land in the very same village has been acquired by the respondents by preliminary notification dtd. 7/12/1985. The Reference Court in LAC No.89/2017 has determined the value at Rs.7,26.920 per acre by judgment dtd. 16/9/2017. Hence, he contended that the claimant is also entitled for enhancement of compensation in terms of the award passed by the Reference Court in LAC No.89/2017.