V NARAYANA SWAMY Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THE land at Sy. No. 94 of Nayanappasettypalya, Bangalore South taluk, measuring 2 acres 10 guntas were acquired for the benefit of the 2nd respondent-Bangalore Development Authority ("bda" for short)vide preliminary notification dated 30-11-1967 and final notification dated 27/5/1970. These lands comprised of 1 acre 12 guntas of cultivable land and 1 acre 6 guntas of quarry land.

(2.) THE 1st respondent-Special Land Acquisition Officer passed the award on 19-5-1975 fixing the market value at the rate of Rs. 13,000/-per acre for 1 acre 12 guntas of cultivable land and Rs. 1,000/- per acre for 1 acre 6 guntas of Kharab land consisting of quarry. He awarded a sum of Rs. 1,17,958/- for the loss of business quarry and other things at 30% out of the estimated value of Rs. 3,93,194/- as proposed by the GEO, mysore and as approved by the Director of Geology.

(3.) NOT content with the aforesaid award, the appellants sought reference under Section 18 of the Land Acquisition Act, 1894, praying for the enhancement of the compensation amount aggregating to Rs. 1,79,127. 70. As many as 4 witnesses were examined and as many as 32 documents were marked as exhibits on behalf of the appellants. The respondents did not lead their rebuttal evidence.