ASSISTANT EXECUTIVE ENGINEER Vs. THIPESHAPPA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned counsel for the respondents.

(2.) These appeals are filed challenging the judgment and award passed by the Reference Court questioning the enhancement of compensation and assessing the compensation for mango trees as well as challenging the calculation on the solatium and additional market value, particularly questioning the calculation as incorrect in LAC Nos.2/2013, 10/2013, 14/2013, 9/2013, 15/2013, 18/2013, 12/2013, 6/2013, 17/2013, 5/2013, 19/2013 and 30/2014.

(3.) The factual matrix of the case of the appellant before this Court is that the preliminary notification was issued on 18/11/2010 notifying the respective survey numbers in respect of Bettatavarekere village belonging to respective respondent No.1/owners and the same was published in the Karnataka gazette. The final notification was issued on 24/11/2011. The respondent No.2 Assistant Commissioner/Special Land Acquisition Officer passed the award under Sec. 11 of the Land Acquisition Act, 1894 ('the Act' for short) giving compensation to both the lands and trees. The respondent No.1 being the owner of the respective properties aggrieved by the market value determined by respondent No.2, sought the reference under Sec. 18 of the Act seeking enhancement of compensation for both land and trees. The Reference Court on receiving the reference under Sec. 18 of the Act, having recorded the evidence awarded the compensation and the same is being challenged before this Court in these appeals praying this Court to set aside the judgment passed by the Senior Civil Judge and Principal JMFC, Tarikere, in the above LAC cases and pass such other orders as may be deemed fit and necessary in the circumstances of the case.