BYRAPPA Vs. SPECIAL LAND ACQUISITION OFFICER, VISVESWARAYYA TOWER

JUDGEMENT

(1.) THOUGH this matter is posted in the admission list, it is taken up for final disposal with the consent of learned counsel appearing for both the parties.

(2.) THIS appeal is by the claimants directed against the impugned Judgment and Award dated 31.05.2012 passed in LAC.No.7/2006 by the Senior Civil Judge and JMFC, Devanahalli, (hereinafter referred to as 'Reference Court' for short) determining the market value at the rate of Rs.4,45,500/ - per acre with all statutory benefits as envisaged under Section 23 of Land Acquisition Act. The appellants contend that, the market value fixed by the Reference Court is inadequate it requires enhancement.

(3.) IN brief the facts of the case are: The land bearing Survey No.109, measuring 2 acres 34 guntas situated at Handarahalli Village, Channarayapatna Hobli, Devanahalli Taluk, Bengaluru Rural District, has been notified and acquired for the benefit of 2nd respondent -Defence Research and Development Organization (hereinafter referred to as 'DRDO' for short) by issuing a Preliminary Notification dated 24.06.1999 under Section 4(1) of the Land Acquisition Act, followed by a Final Notification dated 23.06.2000 under Section 6(1) of the Land Acquisition Act. Thereafter issuing notice to the appellants under Sections 9 and 10 of the Land Acquisition Act, calling for objection, the Land Acquisition Officer has passed an award fixing market value of the land in question at Rs.1,50,000/ - per acre. Being dissatisfied with the market value fixed by the Land Acquisition Officer, the appellants filed an application U/S.18(1) of the Land Acquisition Act seeking reference for enhancement of compensation. The said matter had come up for consideration before the Reference Court on 31.05.2013 in LAC No.7/2006 and the Reference Court, on appreciation of the entire material available on file following the judgments of Supreme Court and this Court, has allowed the same and fixed the market value of the land at the rate of Rs.4,45,500/ - per acre with all statutory benefits as envisaged under Section 23 of the Land Acquisition Act. Being aggrieved by the said award, appellants have presented this appeal.