HUCHHA KRISHNAJI Vs. THE SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THE appellant is the land loser who is before this Court seeking enhancement of the market value as against the sum awarded by the Reference Court in LAC No. 51/2009.

(2.) THE appellant was the owner of the land bearing Sy. No. 376 measuring 14 acres 10 guntas + 4 guntas of Pot Kharab. The land in question was acquired under the notification dated 26.12.2006 and the award was passed on 14.05.2008. The appellant had filed an application under Section 18 of the Land Acquisition Act seeking reference for consideration of the enhancement of the market value. The matter had been referred to the Court of the Senior Civil Judge, Basavana Bagewadi, wherein it was registered as LAC No. 51/2009. The said reference petition was clubbed with another reference petition and by a common judgment, the Reference Court has enhanced the market value to Rs. 1,95,000/ - per acre. The appellant claiming to be aggrieved is before this Court seeking further enhancement of the market value.

(3.) AS noticed, the notification for acquisition of the land was issued on 26.12.2006. The exemplar sale deed relied upon by the appellant at Ex. P19 is dated 10.11.2006. The document at Ex. P20 is the sale deed dated 14.08.2006. Since the sale deed at Ex. P19 being dated 10.11.2006 is nearer to the date of the preliminary notification, in our opinion the said document would be the better exemplar to be taken into consideration for the purpose. In that light before taking note of the said document, it is necessary to take note of the decision of the Hon'ble Supreme Court in the case of Mehrawal Khewaji Trust (Regd.) Faridkot & Ors. v. State of Punjab & Ors. ( : 2012 SAR (Civil) 441), wherein, the Hon'ble Apex Court has indicated that the procedure of taking the average of two sale deeds would not be justified. It is in that view, we are of the opinion that the average of the consideration as taken from Exs. P19 and P20 by the Reference Court would not be justified.