MURAHARI Vs. SPECIAL LAND ACQUISITION

JUDGEMENT

(1.) All these appeals are filed by the claimants - land losers under Sec. 54(1) of the Land Acquisition Act challenging the judgment and award passed by Senior Civil Judge and JMFC, Indi (for short, 'Reference Court') in LAC Nos.18, 34, 29, 24 and 26 of 2008 by a common judgment dtd. 22/4/2014 whereby the Reference Court enhanced the compensation from Rs.35,000.00 to Rs.3,04,000.00 per acre in LAC Nos.18, 29, 24 and 26 of 2008 and in LAC No.34/2008 Reference Court enhanced the compensation from Rs.41,000.00 to Rs.3,04,000.00 per acre.

(2.) The appellants are the owners of different extent of lands in different survey numbers of Mailar and Arjnal village of Indi taluka, District Vijayapura has been acquired by the Land Acquisition Officer for irrigation purpose by issuing 4(1) Notification on 1/9/2005. After acquiring the aforesaid lands, the Land Acquisition Officer has passed an award awarding compensation of Rs.35,000.00 per acre in all the reference petitions except LAC No.34/2008, in which Rs.41,000.00 is awarded per acre. Being aggrieved by the same, the claimants have filed reference petitions under Sec. 18 of the Land Acquisition Act. The Reference Court by its judgment and award dtd. 22/4/2018 has enhanced the compensation amount to Rs.3,04,000.00 per acre with consequential benefits. Being aggrieved by the same, the claimants have filed these appeals for further enhancement of compensation.

(3.) Sri B.M. Angadi, the learned counsel appearing for the claimants contended that the claimants have filed separate applications under Order XLI Rule 27 of CPC seeking production of additional documents to evidence that in the adjacent village, the land acquired by the respondents - State for the very same purpose and the Reference Court has awarded compensation of Rs.4,50,700.00 per acre. However, the respondents were unable to produce the same before the Reference Court and submits that if the present appeals are remitted to the Reference Court with liberty to them to produce the same, thereby the ends of justice would met with.