H M T WATCHES LIMITED Vs. GOPALA BHATTA

JUDGEMENT

(1.) THESE appeals are directed against the common judgment and award dated 29-1-2002 in LAC nos. 31/89, 3/87, 125/81, 15/86, 129/81, 127/81, 11/86 and 9/86 respectively on the file of the principal Civil Judge (Senior Division) and Chief Judicial Magistrate, Tumkur only insofar as it relates to awarding additional amount at 12% per annum on the enhanced market value under section 23 (1-A) of the Land Acquisition Act, 1894 from the date of preliminary notification to the date of award or the date of taking possession, whichever is earlier.

(2.) THE appellant is the beneficiary of the acquisition initiated by the State for the purpose of karnataka Industrial Areas Development Board vide preliminary notification dated 1-12-1977 issued by the Competent Authority. The Land Acquisition Officer, by taking into consideration all the relevant factors, has passed the award. Not being satisfied with the said award, the claimants-respondents herein filed applications under Section 18 (1) of the Land Acquisition Act for enhancement of compensation and requested the LAO to refer the matter to the jurisdictional reference Court. The Reference Court, in turn, after appreciation of the oral and documentary evidence and placing reliance on Exs. P. 1 and P. 2. has determined the market value at Rs. 32,000/-per acre and Rs. 30,000/- per acre respectively and has also awarded benefits under section 23 (1-A) of the Land Acquisition Act. The grievance of the appellant is that the reference Court has committed a gross error by awarding additional amount at 12% per annum on the enhanced market value under Section 23 (1-A) from the date of preliminary notification to the date of award or the date of taking possession, whichever is earlier.

(3.) I have heard the learned Counsel for the appellant and the learned Government Pleader for the 2nd respondent-LAO.