NANJAMMA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Learned counsel appearing for R2 and R3 in MFA No.2126/2017, learned counsel appearing R1 in MSA No.127/2021 and the learned High Court Government Pleader appearing for R1 in MFA No.2126/2017 and R2 in MSA No.127/2021, are present before the Court.

(2.) MFA No.2126/2017 is filed challenging the judgment and award dtd. 17/12/2016 passed in LAC No.47/2009 on the file of the Senior Civil Judge & JMFC., Kunigal, wherein, an amount of Rs.250.00 is fixed per square feet. The claimant contends that fixing of Rs.250.00 per square feet is very less. It is also contended in the appeal that the respondents-authorities had acquired the site owned by the appellant/claimant situated in the limits of Kunigal Town Municipalities and adjacent to National Highway No.48, the compensation awarded is very meager and illegal and prevailing market value of the sites in the area is more and fixing the rate at Rs.250.00 is contrary to the evidence on record. Hence, it requires interference.

(3.) Per contra, the Railway Department questioned confirming the fixing of rate of Rs.250.00 in R.A.No.68/2018 and the award passed in LAC No.47/2009, wherein, it is contended that fixing of the rate of Rs.250.00 and confirming the same by the Appellate Court is erroneous. In the same area, the property was sold in the year 2006 at Rs.120.00 per square feet and the enhancement is not reasonable and proper. It is the acquisition of the year 2007. The reference Court without any justification enhanced the market value from Rs.250.00 to Rs.350.00. Hence, it requires interference.