SPECIAL LAND ACQUISITION OFFICER Vs. SAKAMMA

JUDGEMENT

(1.) THIS Appeal by the appellants - the Special Land Acquisition Officer, Pandavapura and another is arising out of the impugned judgment and award dated 23/04/2011 passed in L.A.C. No.134/2008, by the Principal Civil Judge(Sr. Dn) and J.M.F.C., Srirangapatna, on the ground that, the market value fixed by the Reference Court at Rs. 375/ - per Sq.Ft. with respect of land measuring 15 guntas in Sy.No.23/2 situated at Mysore -Bangalore road, Bommur Agrahara, Srirangapatna Taluk, 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 in Sy.No.234/2, measuring 15 guntas, situated at Mysore Bangalore road, Bommur Agrahara, Srirangapatna Taluk belonging to the claimant has been notified and acquired by the appellants for the purpose of formation of 4 lane Bangalore -Mysore High way vide Preliminary Notification dated 3.3.2005 issued under Section 4(1) of L.A.Act, followed by Final Notification under Section 6(1) of L.A.Act. Thereafter, the Spl. Land Acquisition Officer, after issuing notices under Sections 9 and 10 of the Act, calling objections and claim petition, has passed the award on 5.3.2007 fixing the market value at Rs.20/ - per Sq.Ft. Not being satisfied with the compensation awarded by the Special 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 Principal Civil Judge (Sr.Dn) and JMFC, Srirangapatna and numbered as LAC No.134/2008. 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.375/ - per sq.ft with all consequential 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 appellants have presented this appeal.

(3.) WE have heard learned Government Pleader appearing for appellants and learned counsel for respondents.