THE SPECIAL LAND ACQUISITION OFFICER, MANGALORE CITY CORPORATION Vs. SECRETARY, DHARMASTHALA MANJUNATHESWARA EDUCATION SOCIETY

JUDGEMENT

(1.) This appeal by the appellant/beneficiary is directed against the impugned common judgment and award dated 20th April, 2012, passed in LAC No. 30/2000, by the Principal Senior Civil Judge & C.J.M. Mangalore, (for short, 'Reference Court'), determining the market value of the land in question at the rate of Rs. 50,000/ - per cent, with all statutory benefits, envisaged under the relevant provisions of the Land Acquisition Act.

(2.) The appellant has filed this appeal, seeking reduction of compensation determined by the Reference Court, on the ground that the market value determined by it is exorbitant and disproportionate to the value of the land in question.

(3.) The brief facts of the case are that, the land bearing Sy. No. 3 -2A2, 200 -1E4, measuring 0.52.5 cents and 0.09.7 cents situate at Padavu, Mangalore Taluk came to be notified and acquired vide Preliminary Notification issued under Sec. 4(1) of the Land Acquisition Act, published in the Karnataka gazette dated 16th July, 1998, followed by final declaration issued under Sec. 6(1) of the Act, published in the official gazette dated 22nd July, 1999, for the purpose of construction of Water Tank. After issuing notices under Ss. 9 and 10 of the Act, calling for objections from the notified khatedars/owners, the Land Acquisition Officer passed the award dated 17th July, 2000, fixing the market value of the acquired land at the rate of Rs. 15,000/ - per cent to the lands situated in interior area and Rs. 17,000/ - per cent for the lands situated nearby the main road. Not being satisfied with the award passed by the Land Acquisition Officer, the claimant filed an application under Sec. 18(1) of the Land Acquisition Act, 1894 (for short 'Act') seeking reference before the jurisdictional Reference Court, for enhancement of compensation. The said application was numbered as L.A.C. No. 30/2000, on the file of the learned Principal Senior Civil Judge & CJM. Mangalore.