BHIMAPPA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) These appeals are directed against the common judgment, dated 31.10.2012 passed by the Court of the III Additional District Judge, Bijapur in L.A.C. Appeal Nos.41 to 48 of 2011.

(2.) The facts of the case in brief are that the lands in question were notified for acquisition on 08.06.1995 for the construction of Almatti left canal. The respondent Special Land Acquisition Officer awarded the compensation determining the market value of the land at Rs.11,500/- per acre. The Reference Court raised the amount to Rs.43,200/- per acre. The claimants filed L.A.C. Appeal Nos.41 to 48 of 2011 before the Court of the District Judge. The said appeals were dismissed by District Judge by his common judgment, dated 31.10.2012. Aggrieved by the same, these Miscellaneous Second Appeals are filed.

(3.) In these appeal proceedings, the appellants have filed I.A.No.2/2013 invoking Order 41 Rule 27 of the CPC for producing additional document. They have produced the common judgment passed by the Reference Court (Court of the Civil Judge (Sr.Dn.) in LAC Nos.117, 123, 124, 125 and 53 all of 2001. The lands covered by the said common judgment and the lands which are the subject-matter of these appeals are acquired on the same day, for the same purpose and under the same notification. My perusal of the District Judge's judgment in L.A.C. Appeal No.41/2011 and other connected L.A.C. appeals reveals that the judgment, the copy of which is now produced with I.A.No.2/2013, was mentioned by the appellants in the course of the argument. However, on account of their failure to produce its copy, the District Judge was not persuaded to act on the said judgment. In the affidavit filed in support of I.A.No.2/2013, the appellant has stated that the judgment could not be produced, as it was not available at the time of hearing of the case.