SPECIAL LAND ACQUISITION OFFFICER Vs. DASAPPU

JUDGEMENT

(1.) THE M. F. A. No. 2799/2002 is filed by the Special Land acquisition Officer and Karnataka Industrial Areas Development board (hereinafter called in short in this judgment as SPLAO and kiadb, respectively) have questioned the correctness of the judgment and award passed by the reference court in re-determining the market value of the acquired land at Rs. 2,30,000/- per acre of 8 acres 31 guntas in Sy. No. 456/2 of Jigani village of respondent, urging various legal grounds and sought for setting aside the same and prayed to modify the impugned judgment by awarding just and fair compensation in respect of the acquired land.

(2.) THE respondent also filed cross objection seeking for enhancement of compensation originally at Rs. 50,000/- per acre over and above the amount awarded by the Reference Court. The same is sought to be amended by him by filing an application under Order 6 rule 17 read with Order 41 Rule 3 read with Section 151 of Code of civil Procedure requesting this court to amend the memorandum of cross objection for enhancement of compensation at the rate of rs. 10,50,000/- per acre over and above the market value fixed at rs. 2,30,000/- per acre by the Reference Court and requested this court to delete paras 9 (a), (b) and (c) of the cross-objections and prayed to amend the prayer column of the cross objection in place of words Rs. 50,000/- to be read as Rs. 10,50,000/- by placing reliance upon the judgment of the Supreme Court in GHAZIABAD development AUTHORITY vs ANOOP SINGH AND another, RAN SINGH AND OTHERS vs STATE OF U. P. contending that amended application may be allowed by this Court in exercise of this Court's power in view of the law laid down by the supreme Court and Allahabad High Court in the above said cases with a view to determine just and fair compensation in respect of the land acquired in favour of KIADB, by the State Government with a direction to him to pay the ad-volerem court fee payable under Section 48 of the Karnataka Court fees and Valuation Act, 1958, urging various legal grounds in support of the claim for enhancement of market value of the land acquired by the State Government in favour of the KIADB for purposes of formation of industrial estate and allot industrial plots carved out in the estate in favour of eligible industrialists as provided under the Karnataka Industrial Areas Development Board Regulations of 1969 (hereinafter in short called as Regulations ).

(3.) THE ground of attack of the impugned judgment by the SLAO and KIADB is that the Reference Court has committed an error in law by placing reliance upon the award at exhibit P1 in respect of the lands bearing Sy. No. 20 and 95 of Jigani village, which lands were acquired under the same notification without taking into consideration the findings recorded at page 4 of the said award, wherein the finding of fact is recorded stating that those lands are converted lands for industrial purposes, whereas the lands involved in this appeal are agricultural lands and therefore the same could not have compared with the lands covered in Ex. P1.