ADVAMMA Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) Present appeal is filed under Section 54(1) of Land Acquisition Act, 1894 challenging the judgment and award dated 23.11.2005 passed by the Court of the Principal Civil Judge, (Sr.Dn.), Hassan in LAC No.217/2001.

(2.) According to the appellant/claimant, the Government has acquired non-agricultural land of the claimant measuring 8 guntas in Sy.No.319/1 of Malali Village Sakaleshpur Taluk for the purpose of formation of a bye-pass road which forms part and parcel of National Highway 48. The primary notification came to be issued on 14.8.1997 and final notification on 19.11.1998. General award was passed by the LAO determining the market value at Rs.25/- per sqft. Being aggrieved by the market value fixed by the LAO, the claimant had sought a reference under Section 18 of Land Acquisition Act seeking enhancement of compensation. On considering the entire records, the Reference Court enhanced the compensation from Rs.25/- to Rs.26/- per sqft. in LAC 217/2001. The claimant is aggrieved by the award passed by the Reference Court on the ground that enhancement so made is grossly inadequate and that it has not taken into consideration the potentiality of the land acquired, Hence, the present appeal is filed.

(3.) The learned counsel for the appellant has relied upon the decision of this Court in MFA 10332/2007 and connected matters disposed of on 6.8.2010. wherein the market value of certain agricultural lands acquired under the same notifications by the same LAO has been enhanced to Rs.5,76,000/- from Rs.1,089,000/- per acre. He has further argued that the decision of this Court in the said case is relied upon to demonstrate that the agricultural lands acquired in Malali village were potential lands. There is strong force in the submission of the learned counsel for the appellant.