KARNATAKA NEERAVARI NIGAM LTD. Vs. SHOUKAT AND ORS.

JUDGEMENT

(1.) KARNATAKA Neeravari Nigam Limited, the beneficiary of acquisition of land belonging to the claimant -respondents has filed this appeal challenging the market value determined and the compensation awarded for the acquired land.

(2.) FACTS leading to this appeal stated in brief are that agricultural land bearing Sy. No. 1060/2 situated at Kokatnur Village in Athani Taluk measuring 7 acres 23 guntas has been acquired for laying canal by issuing preliminary notification published in the Official Gazette on 09.09.2005. The Special Land Acquisition Officer passed award dated 06.08.2007 determining the market value of the acquired land at Rs. 35,853/ - per acre treating the same as dry land. On reference to the Civil Court, claimant No. 1 examined himself as P.W. 1 and produced and marked Exs. P1 to P20. No evidence was adduced on behalf of the Special Land Acquisition Officer or for that matter, by the beneficiary - Karnataka Neeravari Nigam Limited. Based on the evidence on record, both oral and documentary, the Reference Court has determined the market value of the acquired land at Rs. 2,45,000/ - per acre. It has awarded the same along with all statutory benefits admissible in terms of the provisions contained in the Land Acquisition Act. Contending that the market value fixed is excessive, the present appeal is filed by the beneficiary.

(3.) LEARNED counsel appearing for the appellant contends that the Reference Court fell in error in treating the land in question as irrigated land capable of growing sugarcane. He further urges that the yield of sugarcane taken as 50 tonnes per acre is unsupportable from evidence and Ex. P16 - letter written by the Assistant Director of Agriculture, Athani, on 09.12.2005 could not have been relied upon by the Reference Court in the absence of the author of the same being examined.