THE EXECUTIVE ENGINEER AND ORS. Vs. CHANNABASAPPA

JUDGEMENT

(1.) THIS appeal is preferred by the State calling in question the judgment and award passed in LACA No. 104/2007 on the file of the I Addl. District Judge, Gulbarga dated 22.4.2010 in enhancing the compensation, fixing the market value of the land at Rs. 27,500/ - per acre and granting interest and other emoluments under the Land Acquisition Act.

(2.) THE first contention of the learned counsel appearing for the appellant - State is that the appeal before the First Appellate Court itself was not maintainable u/s. 28A of the Act, as the claimant looses his rights to seek the enhanced compensation as the Land Acquisition Officer has paid the money as sought for by the claimant, and the claimant has no grouse against the same. Secondly, it is contended that the First Appellate Court was not justified in considering the judgment rendered in MFA No. 3720/1996 by this Court for allowing the appeal, as u/s. 4(1) Notification is pertaining to the lands involved in the said MFA was of the year 1991 -92. So far as the present case is concerned, the Notification u/s. 4(1) was of the year 1984 -85. Further, added to that, the Trial Court has wrongly concluded the de -escalation at 5% instead of 8%. If 8% de -escalation is ordered, the Trial Court could have fixed the market value at Rs. 21,840/ -. But the Reference Court has already awarded Rs. 25,000/ - per acre. Therefore, the First Appellate Court could have simply confirmed the order of the Trial Court without disturbing the award passed at the rate of Rs. 25,000/ - per acre. Therefore, fixing the market value at Rs. 27,500/ - is against to all the principles. Therefore, the said judgment is liable to be set aside.

(3.) THE undisputed facts are that: