KEMPAMMA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The appellant in this appeal prays that this Court to modify the judgment and award dtd. 12/3/2014 passed by the III Additional District and Sessions Judge, Mandya (sitting at Srirangapatna) passed in M.A.(LAC) No.5/2012 and also the judgment and award dtd. 29/10/2011 passed by the Court of Civil Judge (Sr.Dn.) and J.M.F.C., Pandavapura in L.A.C.No.76/2009 (Old No.250/2007), by enhancing the compensation to Rs.2,25,000.00 per acre with all statutory benefits and also prays to pass such other orders as deemed fit under the facts and circumstances of the case.

(2.) The facts of the case in brief are that the lands measuring 6 and guntas situated at Kamanayakanahalli Village, Chinakurali Hobli, Pandavapura Taluk, Mandya District, bearing Sy.No.67/1 was notified for acquisition and the land was submerged under the back water of tonnur tank on account of the water level of Kere Tonnur tank was up due to water from the Hemavathi Dam was canalized to the tank (Hemavathi Project). The Land Acquisition Officer has awarded an amount of Rs.44,160.00 per acre and thereafter, the same was referred to the Reference Court.

(3.) The appellant has taken the contention before the Trial Court that for the purpose of enhancement of compensation she produced the copy of judgment passed in LAC No.450/2002 on the file of Additional Civil Judge (Sr.Dn.), Srirangapatna and the judgment in MA (LAC) 50 to 55 & 62 to 64 of 2004. In those judgments for the purpose of Hemavathi Canal the lands of Kamanayakanahalli village were acquired and the compensation was awarded at the rate of Rs.1,50,000.00 per acre. They have also relied upon the judgment in LAC No.273/2006 on the file of Principal Civil Judge (Sr.Dn.) & JMFC., Srirangapatna, wherein, the market value was assessed at Rs.2,25,000.00 per acre with all statutory benefits. The First Appellate Court having considered the material available on record dismissed the appeal confirming the judgment and award passed by the Civil Judge (Sr.Dn.) and J.M.F.C., Pandavapura. Hence, the present appeal is filed before this Court.