STATE OF KARNATAKA Vs. LAKSHMINARASIMHA

JUDGEMENT

(1.) THIS Appeal by the appellant State of Karnataka, by the Assistant Commissioner and Land Acquisition Officer, Kollegal, is arising out of the impugned judgment and award dated 5th June 2012 passed in L.A.C. No. 3/2011 by the Senior Civil Judge and CJM, Chamarajanagar, on the ground that, the market value fixed by the Reference Court at Rs. 247/ - per Sq. Ft. in respect of the land in question with all statutory benefits under Section 23 of L.A. Act, is on higher side and is liable to be reduced.

(2.) THE brief facts of the case are: land bearing Sy. No. 32/1 measuring 19 guntas out of 2 acres 13 guntas, situated at Chamarajanagar Town, Kasaba Hobli, Chamarajanagar Taluk, belonging to the claimant has been notified and acquired by the appellant for the benefit of 2nd respondent, for the purpose of formation of Railway Broad gauge, vide Preliminary Notification dated 11/01/2007 issued under Section 4(1). of L.A. Act, followed by Final Notification dated 19.11.2007 issued under Section 6(1) of L.A. Act. Thereafter, the Land Acquisition Officer, after issuing notices under Sections 9 and 10 of the Act, calling objections and claim petition, has passed the award on 30/8/2009 fixing the market value at Rs. 31/ - per Sq. Ft. Not being satisfied with the compensation awarded by the Land Acquisition Officer, the claimant has filed an application under Section 18(1) of L.A. Act, seeking enhancement of compensation, with a request to refer the same to the jurisdictional Court. Accordingly, the said application was referred to the Senior Civil Judge & CJM, Chamarajanagar and numbered as LAC No. 3/2011. The Reference Court, after due appreciation of the oral and documentary evidence available on file, and having regard to the nature and potentiality of the land in question and the purpose for which it has been notified and acquired, has allowed the said petition and fixed the market value at Rs. 247/ - per sq. ft. with all statutory benefits as envisaged under Section 23 of L.A. Act.. The said enhancement made by the Reference Court is on higher side and is liable to be reduced the appellant has presented this appeal.

(3.) THE principal submission canvassed by the learned Government Pleader appearing for appellant, at the out set is, the Reference Court has committed an error, much less material irregularity in fixing the market value of the land in question at Rs. 247/ - per Sq. Ft. placing reliance on the sale deed of the year 2006 as per Ex. P1 which is on higher side and disproportionate to the value of the said land. Further, she submitted that, the Reference Court has failed to appreciate that the land in question is an agricultural land and it does not have any commercial value and no credible documents have been produced by the claimant to prove the same. Therefore, she submitted that the reasoning given by the References Court for fixing the market value at Rs. 247/ - per sq. ft. is not sustainable and is liable to be reduced by modifying the impugned judgment and award passed by the Reference Court.