CHANDRAWWA Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) This appeal is filed by the claimants against the rejection of their cross-ob jection filed in LACA No.143/2015 dtd. 6/7/2023 passed by the learned IX Additional District and Sessions Judge and AMACT , Belagavi, under which they sought enhancement of compensation.

(2.) Facts of the case in brief are that the appellants' land measuring 18 guntas 6 annas in R.S . No .1046/3A situate at Belagavi was acquired for establishing power transmission sub-division of Hubli Electricity Supply Company Limited (HESCOM). Preliminary Notification was issued on 4/5/1995 . The first respondent passed an award dtd. 30/11/1999 fixing the market value o f the land at Rs.1,25,000.00 per acre employing the sale statistics method. The claimants sought reference invoking Sec. 18 of the Land Acquisition Act, 1894 . The Reference Court enhanced the amount to Rs.21 ,000.00 per gunta. The beneficiary filed an appeal under Sec. 54 of the Land Acquisition Act challenging enhancement of compensation in LACA No.143/2015 on the file of the learned IX Additional District and Sessions Judge, Belagavi. In the said appeal filed by the beneficiary, the claimants filed cross ob jections seeking enhancement of compensation. The appeal filed by the beneficiary came to be dismissed even though the application for delay was allowed. The cross objection filed by the claimants under Order XLI Rule 22 of the Code of Civil Procedure, came to be dismissed. Aggrieved by the said dismissal of the cross-ob jection, the claimants have preferred this appeal.

(3.) Heard the learned counsel for the appellants, learned counsel for respondent No.2/beneficiary and the learned High Court Government Pleader for respondent No.1.