THE CHIEF ENGINEER Vs. TIPPANNA

JUDGEMENT

(1.) IN the appeals filed by the beneficiary -Karnataka Neeravari Nigam Limited Sri Harshavardhan R. Malipatil, learned counsel is directed to take notice for claimants and learned Government Advocate is directed to take notice for the Special Land Acquisition Officer.

(2.) APPEALS have been filed by the Government as well as the beneficiary - Karnataka Neeravari Nigam Limited, Gulbarga challenging the award passed by the Reference Court and Cross Objection has been filed by the claimant for enhancement of compensation.

(3.) GOVERNMENT had issued a preliminary notification under Section 4(1) of the Karnataka Land Acquisition Act, 1894 (for short the 'Act') on 09.03.2006 for acquisition of land for the purpose of construction of Bhima Lift Irrigation Project and called the land losers to file objections, if any. On consideration of the same, final notification was issued under Section 6(1) of the Act on 19.04.2007. The Special Land Acquisition Officer had fixed the compensation at Rs. 33,000/ - per acre and the claimants have protested and requested to refer the matter to the Reference Court and the Reference Court has passed the impugned award by fixing the market value at Rs. 4,61,250/ - per acre. For fixing the said amount the learned Reference Judge has referred and relied on Exs. P -17 and P -18, namely, the copy of the price list and the copy of the yield certificate respectively.