SPECIAL LAND ACQUISITION OFFICER Vs. SIDDAPPA LAXMAPPA KARIYANNAVAR

JUDGEMENT

(1.) THESE two appeals by the common appellants-Special Land Acquisition Officer, MP-I, saundatti and another, are directed against the judgment and award dated 29th May, 2004 in lac No. 11 of 2002 and LAC No. 12 of 2002 on the file of the Civil Judge (Senior Division), saundatti, on the ground that, the enhancement made by the Reference Court in excessive.

(2.) THE land in Sy. No. 59 measuring 0-20 guntas and Sy. No. 139 measuring 0. 23 guntas, situate in Hosakeri Village, Ramdurga Taluk, have been notified and acquired by the State through the appellants herein for the purpose of formation of 'malaprabha Left Bank Canal', vide preliminary notification issued under Section 4 (1) of the Land Acquisition Act, 1894 on 3-6-1999. The Land acquisition Officer has passed the award on 8-5-2001 fixing the market value of the lands in question at Rs. 24,000/- per acre. Not being satisfied with the award passed by the Land acquisition Officer, respondents-claimants filed application under Section 18 (1) of the Land acquisition Act, for enhancement of compensation and requested the Land Acquisition Officer to refer the matter to the jurisdictional Reference Court for adjudication. The Reference Court, in turn, after evaluation of oral and documentary evidence and placing reliance on Ex. P. 28-certified copy of judgment in LAC No. 50 of 2002, Ex. P. 30-certified copy of judgment in m. F. A. No. 959 of 2003, treating the lands in question as irrigated lands and after adopting capitalization method, deducting 50% towards cost of cultivation and applying proper multiplier placing reliance on the judgment of the Supreme Court and after giving cogent reasons, has determined the market value of the lands in question at the rate of Rs. 1,20,000/- per acre. Since the said enhancement made by the Reference Court is excessive; contrary to the materials available on file and opposed to principles of valuation, appellants felt necessitated to present these appeals, for modification of the judgment and award passed by the Reference Court.

(3.) I have heard the learned Government Pleader appearing for the appellants and the learned counsel for the respondents.