ASSISTANT EXECUTIVE ENGINEER Vs. VEERAPPA

JUDGEMENT

(1.) The Assistant Executive Engineer, Visvesvaraya Jala Nigam Limited, 'Upper Bhadra Project', Tarikere, has preferred the present appeal, challenging the judgment and award dtd. 13/12/2022, passed by the learned Senior Civil Judge and Principal J.M.F.C., Tarikere, in L.A.C.No.32/2014, whereby, the Reference Court has allowed the reference partly and awarded the enhanced compensation of Rs.9,46,342.00 towards loss of Mango trees and Tamarind trees, in the land acquisition process.

(2.) It is not in dispute that the respondents No. 1 to 9 herein/claimants are the owners of the horticultural land bearing Sy.No.77, measuring 05 acres 05 guntas, situate at Bettathavarekere Village, Amruthapura Hobli, Tarikere Taluk. The land in question has been acquired by the Assistant Commissioner and the Land Acquisition Officer, Tarikere, for the purpose of 'Upper Bhadra Project' and awarded total compensation of Rs.38,01,370.00 and Rs.2,09,715.00 in respect of the land in question, considering only the Sub-Registrar value fixed by the Government.

(3.) Being aggrieved by the inadequacy of the compensation awarded by the Assistant Commissioner and Special land Acquisition Officer towards loss of Mango trees and Tamarind trees, the respondents 1 to 9 herein/claimants, filed an application under Sec. 18(1) of the Land Acquisition Act, before the Assistant Commissioner and Land Acquisition Officer, Tarikere, seeking reference, specifically contending that the compensation awarded in inadequate.