ROSIE SERPHINE COELHO Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THESE appeals arise out of the common judgment and award passed by the 3rd Additional Senior Judge, Mangalore, in LAC No.16/1994 and LAC No.15/1994 dated 26.08.2010.Since these appeals are arising out of the common judgment and award, they are heard together.

(2.) LAND in Sy. No. 38/2A measuring 1.86 acres, 38/32A measuring 2.97 cents in all measuring 4.983 acres in Kudupu Village, Mangalore Taluk, was the subject matter of LAC No.16/1994. These lands were notified under Section 4(1) of the Karnataka Land Acquisition Act by dated 27.06.1990. Awards were passed by the Land Acquisition Officer on 09.10.1993. The land in question were acquired by the appellant - Karnataka Housing Board for the purpose of forming house sites. The Land Acquisition Officer determined the market value at Rs. 11.16 lakhs to an extent of 1.86 acres in Sy.No.38/2A and 17.82 Lakhs for.2.97 acres in Sy.No.38/3A2 and awarded separate compensation for the well fruit bearing trees and compound wall. 4 acres and 22 guntas of land in Sy. No.71/1 and 1acre and 66 guntas in Sy. No.71/2B, 1 acre 70 guntas in Sy. No.71/3, 1 acre and 62 guntas in Sy. No.71/4 and 3 acre 56 guntas in Sy. No.38/1A2 of Kudupu Village, in all measuring 12 acres 75 cents is the subject matter in LAC No.25/1994. Similarly award was passed by the Land Acquisition Officer. Before the Land Acquisition Officer the land losers claimed compensation at Rs.6,000/ - per cent since they were not satisfied with the award passed by the Land Acquisition Officer. On the request of the land lords, the matter was referred to the Reference Court under Section 18 of Land Acquisition Act.

(3.) EVIDENCE was also recorded by the Reference Court. In all, four witnesses were examined on behalf of the claimants and claimants relied upon EXs P1 to P19. On behalf of the Housing Board and Land Acquisition Officer, two witness were examined RW1 and RW2 and relied upon Exs.R1 to R6 and Ex.D1.