M N SHASHIDHAR Vs. SPL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THESE appeals by the appellants/claimants are arising out of the impugned common judgment and award dated 31/10/2006 passed in L.A.C. Nos.131/2003, 134/2003 and 136/2003 respectively by the Principal Civil Judge (Sr.Dn) and C.J.M., Shimoga, for enhancement of compensation.

(2.) THE Reference Court, by its common judgment and award has enhanced the compensation at the rate of Rs. 3,50,000/ - per acre, in respect of the lands in question against Rs. 1,35,000/ -, Rs. 1,45,000/ - and Rs. 1,35,000/ - per acre as awarded by the Land Acquisition Officer, with all statutory benefits under Section 23 of L.A. Act. The quantum of compensation enhanced by the Reference Court is inadequate and it requires further enhancement, claimants/appellants have presented these appeals.

(3.) THE brief facts of the case are: lands bearing Sy.No.62 measuring 2 acres 01 guntas, Sy.No.98/P measuring 1 acre 20 guntas and Sy.No.62/P measuring 2 acres, belonging to the claimants/appellants situated at Alkola village, Kasaba Hobli, Shimoga Taluk, have been notified and acquired by the State Government through Special Land Acquisition Officer, for the purpose of Upper Tunga Project, vide Preliminary Notification dated 25.1.2001 issued under Section 4(1) of L.A.Act, followed by Final Notification dated 15.3.2002 issued 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 petitions, has passed the award on 26.3.2003 awarding the compensation of Rs. 1,35,000/ -, Rs. 1,45,000/ - and Rs. 1,35,000/ - per acre, respectively. Not being satisfied with the compensation awarded by the Special Land Acquisition Officer, the claimants have filed their applications 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 applications were referred to the Principal Civil Judge (Sr.Dn) and CJM, Shimoga and numbered as LAC Nos.131/2003, 134/2003 and 136/2003. 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 lands in question and the purpose for which they have been notified and acquired and placing reliance on Ex.P1 -certified copy of the judgment and decree passed in LAC No.142/2003 and Ex.P4 - Municipality Guidelines and Exs.P6 to P8 -certified copies of sale deeds and Ex.P15 -Plan issued by UDA and Ex.R1 -Map of the village, has allowed the said petitions and enhanced the compensation to Rs. 3,50,000/ - per acre, with all statutory benefits as envisaged under Section 23 of L.A.Act. Being not satisfied with the enhancement made by the Reference Court, the claimants/appellants have presented these appeals, seeking further enhancement.