STATE OF KARNATAKA Vs. SHANTABAI GANPATRAO DESAI

JUDGEMENT

(1.) This is an appeal filed under Section 54(2) of the Land Acquisition Act, 1894, challenging the judgment passed by the learned Principal District Judge, Belgaum in LAC No. 60 of 2011, dated 19-3-2012. The appellant herein was the respondent before the District Court. The respondent herein was the appellant before the Principal District Court, Belgaum. The respondent herein was the claimant before the Reference Court, i.e., the Court of Civil Judge (Senior Division), Hukkeri, Belgaum District. The appellant was the respondent in the said reference in LAC No. 51 of 2008. The parties will be referred to as claimant and respondents as per their ranking given in the Reference Court bearing LAC No. 51 of 2008.

(2.) The brief facts leading to the filing of the appeal before this Court are as follows:

(3.) The claimant did not appear before the Reference Court inspite of giving several opportunities. Being left with no other avenue, the Reference Court chose to confirm the award holding that the award so passed by the LAO is proper and the market value fixed is reasonable one. The said order came to be passed on 25-3-2010. The operative portion of the order passed in LAC No. 51 of 2008, dated 25-3-2010 as follows: