DUNDEGOWDA Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) THESE appeals are filed against the order passed by the learned appellate Judge in MA No. 78 and 79/1991, in so far as the finding of the learned Judge to the effect that the appellants are not entitled to get compensation of more than Rs. 20,000/- per acre.

(2.) FACTS in brief are as under; appellants in MSA No. 68/2001 are the owners of the two acres and 10 guntas of land in sy. No. 89 of Anehosahalli, Kanakapura Taluk and appellants in MSA No. 69/2001 are the owners of 1 acre 10 guntas of land in Sy. No. 91 of Avaremala village, Kanakapura Taluk. These lands were acquired by the Land Acquisition Officer for the purpose of construction of water reservoir tank by the Irrigation Department. Due to inadequate compensation given by the Land acquisition officer, the appellants filed an appeal. The appellate Court fixed the amount of compensation at Rs. 8,000/- per acre. Aggrieved by the said order, appellants approached this court and this Court remanded the case back to the appellate Court for fresh disposal in accordance with law in the light of the observations made by the Supreme Court in AIR 1996 SC 106. The appellate Court passed an award on 30. 9. 2000 enhancing the compensation amount to rs. 35,000/- per acre. However, the appellate Court granted the compensation of only Rs. 20,000/- per acre on the ground that the Court fee paid was only for Rs. 20,000/ -. Appellants are therefore before me questioning only that part of the finding in terms of the prayer,

(3.) BOTH the appeals are heard for final disposal.