PAPABAI Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) The appellant who was the owner of land in R.S.No.1627/2A to an extent of 2 acres 27 guntas situated in Athani, Belgaum District, being aggrieved by the judgment and award dated 5.9.1988 made by the learned Civil Judge, Athani, has approached this Court in this Appeal seeking higher compensation for the land acquired.

(2.) We have heard the learned Counsel on both sides.

(3.) The undisputed facts as disclosed by the judgment under Appeal are that by a Preliminary Notification dated 27.10.1975 published on 6th November, 1975, the land in question came to be acquired for a public purpose, to wit, construction of Government Quarters for Judicial Department. The Land Acquisition Officer awarded compensation in a sum of Rs.1,500/- per acre by his award dated 28.8.1981. Not being satisfied with the award, the appellant filed an application under Section 18 of the Land Acquisition Act, 1894 (the Act for short) for reference of the matter to the Civil Court for determination. The learned Civil Judge on receipt of the reference application held an enquiry and oroceeded to award compensation in a sum of Rs.40,000/- per acre. This award was the subject matter of Appeal in M.F.A.No.997 of 1982 filed by the State before this Court and this Court allowed the Appeal, set aside the judgment and award and remitted the matter for reconsideration. Thereafter, the learned Civil Judge, after providing opportunity to both the parties of being heard, reconsidered the evidence on record and proceeded to pass the judgment and award under Appeal awarding compensation of Rs.4,500/- per acre plus 15% solatium and interest at 5% per annum on the enhanced compensation. Hence this Appeal by the owner of the land.