MUDDU RANGAIAH Vs. THE SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THIS appeal is filed by the claimant being aggrieved by the impugned judgment and award dated 1st April 2013, passed in LAC No. 69/2008, by the Additional Senior Civil Judge, Ramanagara, ('Reference Court'), re -determining the market value of the land in question @ Rs. 8,00,000/ - per acre, with all statutory benefits as envisaged under the relevant provisions of the Land Acquisition Act, only in so far as it relates to not awarding 10% towards appreciation value.

(2.) THIS appeal is filed by the claimant only in so far as it relates to not awarding 10% towards appreciation value on the ground that, there is a difference of one year five months in between the preliminary notification in the judgment relied upon by the Reference Court in LAC No. 11/2009 decided on 27/08/2012, and the notification issued in the impugned judgment and award passed by Reference Court. Therefore, another 10% per annum may be added towards appreciation value, in the light of the law laid down by the Hon'ble Apex Court and this Court, in hosts of judgments.

(3.) THE submission of Shri. Anup Seetharama Rao, appearing for Shri. B.C. Seetharama Rao, learned counsel appearing for claimant/appellant, at the outset is that, the Reference Court has erred in not awarding additional 10% towards appreciation value in respect of the lands in question. To substantiate his submission, he is quick to point out and submit that, in the judgment and award passed by the Reference Court in L.AC.No.11/2009, decided on 27th August 2012 and also LAC No. 36/2008, it has awarded a sum of Rs. 8.00 lakhs per acre with all benefits as envisaged under the relevant provisions of the Act.