DYAPANCHAR Vs. STATE

JUDGEMENT

(1.) THE 1st respondent acquired the lands belonging to the appellants -claimants for the benefit of the 2nd respondent NEKRTC to an extent of 2 acres 2 guntas in Sy. No. 160/A and 4 acres 14 guntas in Sy. No. 159/1 situated at Chincholi taluk. The Land Acquisition Officer adopted sales statistics and fixed the value of the land at Rs. 20,000/ - per acre. Aggrieved by the said award the claimant filed a petition under Section 18(1) of the Land Acquisition Act seeking reference by the Civil Court for enhancement. The Civil Court by the impugned order enhanced the compensation to Rs. 1,20,000/ - per acre along with enhancement on conventional and statutory heads. Seeking appropriate enhancement; of compensation this appeal is filed by the claimants. This appeal is directed against the compensation so far as Sy. No. 159/1 to an extent of 4 acres 14 guntas is concerned with reference to LAC No. 459/2002. So far as LAC No. 57/2004 is concerned it is submitted at the bar that at present the same is pending consideration before the concerned Civil Court.

(2.) LEARNED counsel for the appellants contends that the award of the Civil Court is unjust. That the claimants are entitled to more compensation than what has been awarded. In support of his case, he relies on Exs. P7 to P9 namely the certified of the copy of sale deeds pertaining to nearby lands. He contends that the notification for the acquisition were issued in the year 1989. The sales statistics are with reference to the year 1986. Therefore, they should form the basis for appropriate calculation of compensation. Hence, he pleads that the appeal be allowed.

(3.) HEARD learned counsels and examined the records.