SHAMBAPPA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The Karnataka Housing Board, through the Special Land Acquisition Officer has filed these Miscellaneous First Appeals, being aggrieved of the enhancement of compensation at the hands of the reference Court in L.A.C. No. 17/2017 and various other land acquisition cases arising out of preliminary notification dtd. 19/10/2010. The land owners/ claimants have also filed cross objections to the appeals and are seeking further enhancement. Therefore, all the appeals and cross objections were clubbed, heard together and are being disposed of by this common judgment.

(2.) The undisputed facts are that for the benefit of the Karnataka Housing Board, the State Government issued preliminary notification dtd. 19/10/2020 for the purpose of formation of a residential layout, at Koppal town limits, seeking to acquire 208.11 acres. Final notification was however issued on 15/2/2012 confining the acquisition to 202.07 acres. The Special Land Acquisition Officer passed awards, determining compensation at the rate of Rs.6,20,100.00 per acre. However by the impugned judgments the reference Court has enhanced the compensation at the rate of Rs.26,13,600.00 per acre.

(3.) Learned senior counsel Sri Gurudas Kannur, appearing for the KHB, submitted that the reference Court fell in error by taking into consideration four sale deeds and the consideration shown therein at Exs.P.16 to P.19. It is submitted that the exemplar sale deeds at Exs.P.16 to P.19 pertain to small plots of lands measuring between 1280 sq.ft. to 3600 sq.ft. It is also contended that the said plots were situated within the municipal limits of Koppal, whereas the lands acquired are situated in Koppal village. It is contended that the total extent of land acquired is 202.07 acres and a uniform rate has been fixed by the reference Court. It is contended that the acquired lands are not situated near the National Highway or the State Highway. The nearest land to the National Highway may be around 100 to 150 meters away from the National Highway. The last of the lands notified for acquisition may be about 500 to 600 meters away from the National Highway. It is therefore contended that the reference Court has erred in awarding a uniform rate to all the lands, irrespective of their proximity to the National Highway and the fair market value.