NALINI Vs. CHIEF SECRETARY

JUDGEMENT

(1.) These two appeals arise out of the judgment and award passed in LAC No.87/2013 dtd. 21/1/2015 passed by the by the III Addl. Senior Civil Judge Hubballi (for short 'Reference Court').

(2.) MFA No.102248/2015 is filed by the petitioner/appellant to modify the judgment and award passed in LAC No.87/2013 for enhancement of the award granted by the Reference Court and MFA No.103444/2016 is filed by the Government praying to set aside the judgment and award passed in LAC No.87/2013 by the Reference Court and thereby restore the award passed by the Land Acquisition Officer in award No.LAQ/CR/68/2012- 2013 dtd. 14/3/2013. Both appeals are filed under Sec. 54(1) of Land Acquisition Act, 1894 (for short' the Act').

(3.) Brief facts which are relevant for the purpose of disposal of these appeals are that the appellant in MFA No.102248/2015 was the owner of the land measuring 2 acres 12 guntas comprised in R.S.No.34/2 of Mariyan Thimmasagar village, Hubballi taluk. The respondent No.2 in the appeal i.e. the Principal Secretary to the Revenue Department, Government of Karnataka took out Gazette Notification dtd. 22/11/2012 under Sec. 4(1) of the Land Acquisition Act, 1894 (for short 'Act'), proposing to acquire the entire extent of the land in R.S.No.34/2 i.e to the total extent of 5 acres 15 guntas for the purpose of construction of Hubballi Court Complex. The appellant filed objections for the said Gazette Notification for acquisition of 2 acres 12 guntas of her land in R.S.No.34/2 contending that she has no other properties and if the Government provides alternative sites, she has no objection to acquire her land. However, the respondents-Authorities without considering her objection issued final Notification under Sec. 6(1) of the Act by confirming the acquisition and published the said Notification in Karnataka Gazette on 14/2/2013. Being aggrieved by the same, appellant filed W.P.No.77980/2013 before this Court challenging the said acquisition proceedings. However, subsequently, she withdraw the said writ petition.