LAWS(KAR)-2015-12-270

LAND ACQUISITION OFFICER Vs. NINGEGOWDA; DOLLEGOWDA

Decided On December 10, 2015
LAND ACQUISITION OFFICER Appellant
V/S
NINGEGOWDA; DOLLEGOWDA Respondents

JUDGEMENT

(1.) Being aggrieved by the impugned common judgment and award dated 30th June 2010, passed in L.A.C.No.295/2001, by the II Additional Senior Civil Judge, CJM, Mysore, fixing the market value of the acquired land at Rs. 10,61,000/- per acre with all statutory benefits as envisaged under the relevant provisions of the Land Acquisition Act, the appellant/Special Land Acquisition Officer, Mysore Urban Development Authority has presented this appeal, seeking substantial reduction of compensation.

(2.) The brief facts of the case are that, the land bearing Sy.No.45/2, measuring 01 acre 20 guntas situate at Nadanahalli Village, Kasaba Hobli, Mysore Taluk and District was notified and acquired by the appellant from the respondents/claimants herein for the purpose of 'formation of Nadanahalli Layout', by issuing Preliminary Notification under Section 4(1) and Final Declaration under Section 6(1) of the Land Acquisition Act. The Special Land Acquisition Officer, after issuing notices under Sections 9 and 10 of the Act, calling for objections and claims from the notified khatedars, has passed the award, fixing the market value of the acquired land. Not being satisfied with the award passed by the Special Land Acquisition Officer, the respondents/claimants filed an application under Section 18(1) of the Land Acquisition Act before the jurisdictional Reference Court. The Reference Court, in turn, after evaluation of the oral and documentary evidence on file, nature of soil, potentiality of the land and the purpose for which it has been notified and acquired, allowed the reference application, redetermining the market value of the acquired land at the rate of Rs. 10,61,000/- per acre with all statutory benefits as envisaged under the relevant provisions of the Land Acquisition Act. Being highly aggrieved by the market value fixed at the rate of Rs. 10,61,000/- per acre by the Reference Court, on the ground that it is on the higher side, the appellant/Special Land Acquisition Officer, Mysore Urban Development Authority has preferred this appeal, seeking substantial reduction of compensation.

(3.) Learned counsel appearing for both the parties, at the outset submitted that the appeal filed by appellant is directly covered by the Division Bench judgment of this Court and therefore, the same may be disposed of following the judgment and award passed by the Division Bench of this Court dated 24th February, 2011 in M.F.A. No.7564/2008 c/w.