GURUMEGOUD Vs. DEPUTY CHIEF ENGINEER (WEST) SOUTHERN RAILWAY

JUDGEMENT

(1.) The land loser is in appeal challenging the award of the Reference Court which awarded Rs.11,000.00 per gunta as the market value of his land bearing Sy.No.466 measuring 3 acres 16.5 guntas situated at Bellur Village, Nagamangala Taluk, Mandya District. The appellant claimed Rs.2.00 lakhs per gunta before the Reference Court and in this appeal, the claim is restricted to Rs.40,000.00 per gunta. In terms of the impugned judgment and award, the Reference Court enhanced the market value to Rs.11,000.00 per gunta modifying the award passed by the Special Land Acquisition officer who awarded Rs.5,507.00 per gunta.

(2.) The admitted factual position is Sec. 4(1) notification under the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act of 1894') was published on 1/9/2008 for the formation of railway track from Bengaluru to Mangaluru via Hassan. The final notification was issued on 10/3/2010 under Sec. 6(1) of the Act of 1894. On 10/12/2011, the award was passed by the Special Land Acquisition Officer determined Rs.5,507.00 per gunta as the market value. In addition, statutory benefits were awarded. The land loser on 21/1/2012 sought reference.

(3.) Learned counsel appearing for the claimant/ appellant would submit that the Reference Court did not take into account a sale deed for the year 2002, two sale deeds for the year 2003, one sale deed for the year 2006, and three sale deeds for the year 2007, marked at Ex.P1 to ExP7 respectively. He would also submit that by taking into consideration the appreciation in the value of the land, the average value of the land per gunta would be Rs.68,444.00. However, the appellant is restricting his claim to Rs.40,000.00 per gunta as he is unable to pay the court fee for a higher claim.