LAWS(KAR)-2014-12-228

SPECIAL LAND ACQUISITION OFFICER Vs. THIMMEGOWDA

Decided On December 02, 2014
SPECIAL LAND ACQUISITION OFFICER Appellant
V/S
THIMMEGOWDA Respondents

JUDGEMENT

(1.) The appeal and cross-objections are filed by the Special Land Acquisition Officer and the claimants respectively, challenging the order passed by the learned Civil Judge (Senior Division), Ramanagara in LAC No. 6/1998, dated 16.04.2010. Heard the learned counsel for both the parties.

(2.) The claimant's land situated in Channapatna Town was notified for acquisition for widening of the Bangalore-Mysore highway under the preliminary notification dated 03.06.1993, final notification was issued subsequently on 08.08.1995. An award came to be passed determining the market value at Rs. 50,633/- per acre in respect of land situated in Mangalawarpet and was taken at Rs. 79,400/- per acre in respect of lands in Kuthanahalli, much prior to the issuance of the notification in the year 1936.

(3.) On a reference, the Reference Court has determined the market value at Rs. 3,00,000/- per acre. Therefore, the Land Acquisition Officer has filed an appeal before this court in MFA No. 3281/2011, contending that the market value determined by the Reference Court is on a higher side and also the award of interest from the date of taking possession from 1936 is bad in law and is in contrary to judgment of the Hon'ble Apex Court.