EXECUTIVE ENGINEER ELECL O AND M DIVISION KARNATAKA ELECTRICITY BOARD Vs. ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THE beneficiary as well as the owners of the acquired land being aggrived by the awards passed by the Civil Court, have preferred these appeals under Section 54 of the land Acquisition act, 1894, (for short, 'the Act' ). M. F. A. Nos. 2451, 2453, 2457 and 2461 of 2001 are by the beneficiary, whereas M. F. A Nos. 3428, 3429, 3430 and 3431 of 2001 are by the owners of the acquired land.

(2.) 19 acres 24 guntas of land comprised in R. S. No. 395 which is situate within the limits of gadag-Betgeri Municipality was acquired for a public purpose, to wit, for the purpose of installation of electricity power transmission station at Gadag, building KEB office, ware-house etc, by issuing Section 4 (1) Notification dated 15. 09. 1994. The land in Survey No. 395 is phoded in favour of four brothers and they are the claimants in LAC Nos. 1 of 1997, 2 of 1997, 3 of 1997 and 4 of 1997 and each block measures 4 acres 36 guntas. The Land Acquisition Officer after conducting award enquiry placing reliance on sales statistics awarded the compensation at the rate of Rs. 60,000/- per acre vide his order No. LAQSR-1/94-95 dated 15. 11. 1996. The owners of the acquired land being aggrieved by the said award sought reference of their claims to the civil Court for enhanced compensation by making necessary applications under Section 18 of the Act. The Civil Court on such reference placing reliance on Ex. P-5 sale deed fixed the marked value of the acquired land at the rate of Rs. 3,79,260/- per acre. Hence, these appeals by the karnataka Electricity Board (now Karnataka Power Transmission Corporation Limited) who is the beneficiary of the acquisition and hereinafter shortly referred to as the 'the beneficiary' contending that the compensation fixed by the Civil Court is excessive and unreasonable whereas in the appeals preferred by the owners of the acquired land, it is contended that what is awarded by the Civil Court is totally inadequate and unreasonable and it does not reflect the correct market value of the acquired land as on the date of Section 4 (1) Notification. The owners of the acquired land in their appeals have sought for compensation at the rate of Rs. 31,000/-per gunta.

(3.) SINCE all the appeals are directed against the same judgment of the Civil Court, we have clubbed all these appeals, heard together and they are being disposed of by this common judgment. We have heard Sri B. Rudra Gowda, learned Counsel for the beneficiary and Sri G. Gangi Reddy, learned Counsel for the owners and Sri K. P. Aso Kumar, learned Government advocate for the State of Karnataka and Land Acquisition Office. The State of Karnataka and land acquisition officer the have not preferred any appeal against the judgment and awards of the civil Court.