R. NARAYANAPPA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This appeal is filed by the claimant being aggrieved by the impugned judgment and award dated 31st May 2012, passed in LAC No.14/2006, by the Senior Civil Judge & JMFC, Devanahalli, ('Reference Court'), wherein the Reference Court has fixed the market value of the land in question @ Rs. 4,45,500/- per acre, with all statutory benefits as envisaged under Section 23 of the Land Acquisition Act, on the ground that the said compensation awarded is on the lower side and liable to be enhanced substantially.

(2.) Brief facts of the case in hand are, land bearing Sy.No.109, measuring 01 acre 34 guntas situate at Handarahalli village, Channarayapatna Hobli, Devanahalli Taluk, Bengaluru Rural District, was notified and acquired in favour of the beneficiary/Defence Research and Development Organization (DRDO) for the purpose of establishment of Electronic Warfare Range Project by issuing Preliminary Notification on 24-06-1999, under Section 4(1) of the Land Acquisition Act, published in the Official Gazette on 7th July 1999, followed by final declaration issued under Section 6(1) of the Act on 23- 06-2000, published in the Official Gazette on 6th July 2000. Thereafter, the Special Land Acquisition Officer, after issuing notices under Sections 9 and 10 of the Land Acquisition Act, calling for claim/objections from the notified Khatedars and other interested persons and after looking into various aspects and considering the nature of soil and potentiality of the land acquired, passed the award on 05-05-2001, fixing the market value of the acquired land at Rs. 1,50,000/- per acre. Not being satisfied with the said market value fixed by the Special Land Acquisition Officer, the claimant/appellant sought reference by filing claim petition under Section 18(1) of the Act and the same was numbered as L.A.C.No.14/2006. The said matter came up before the Reference Court and the Reference Court, after hearing the parties and after taking into consideration the potentiality of the land and the development of the locality and also considering the fact that, the prices of land in and around the Bengaluru International Airport have sky-rocketed and considering its high commercial value and also following the judgment rendered by this Court at Exs.P7 and P8 and also taking note of the ratio of law laid down by the Punjab and Haryana High Courts and other material available on file, allowed the reference application filed by the claimant/appellant and re-fixed the market value of the acquired land at Rs. 4,45,500/- per acre with all statutory benefits envisaged under Section 23 of the Land Acquisition Act. Being further not satisfied with the said market value fixed by the Reference Court, the claimant/appellant has presented this appeal, seeking substantial enhancement of compensation on the ground that the compensation awarded by Reference Court is meagre and on the lower side.

(3.) The submission of the learned counsel appearing for claimant/appellant, Shri. K.T. Gurudeva Prasad at the outset is that, the Reference Court has erred in not awarding reasonable compensation in respect of the acquired land for the reason that the claimant/appellant has lost his valuable land, which is situated at Handarahalli village, near Bengaluru International Airport and is entitled to just and reasonable compensation. Further, he submitted that, the Reference Court has failed to appreciate the material available on its file and also the judgment rendered by this Court in M.F.A.No.4949/2004 filed against the judgment passed by Reference Court in L.A.C.Nos.66- 68/1997, produced at Exs.P5 and P6, acquired for the same beneficiary and also for the same purpose, wherein this Court has re-determined the market value at the rate of Rs. 7,00,000/- per acre with all statutory benefits envisaged under Section 23 of the Land Acquisition Act. He further submitted that, against the said judgment and award passed by this Court in M.F.A.No.2027/2003, the beneficiary/DRDO had approached the Hon'ble Apex Court in Civil Appeal No.7269/2013 and connected matters, in which, the Hon'ble Apex Court, by its order dated 26th February, 2014, dismissed the Civil Appeal, confirming the judgment and award passed by this Court. Therefore, the same has reached finality. Hence, he submitted that, following the judgment and award passed by this Court in M.F.A.No.2027/2003 in L.A.C.No.263/1996, the appeal filed by claimant/appellant also may be allowed, re-determining the market value of the acquired land at Rs. 7,00,000/- per acre and thereafter, in the light of the Hon'ble Apex Court and this Court in catena of decisions, add appreciation value between 10% and 15%, from the date of issuance of Preliminary Notification for acquisition of similar lands, for a period of seven years and modify the impugned judgment and award passed by Reference Court, considering the geographical location, nature and potentiality of land, development of the locality, nearness to International Airport and National Highway and also the purpose for which it is notified and acquired.