MALLAYYA SHIVAMURTHYAYYA HIREMATH Vs. ASSISTANT COMMISSIONER, BAGALKOT

JUDGEMENT

(1.) Both these appeals arise from the judgment and award, dated 06.02.2016 passed in LAC No.83/2009. M.F.A.No. 100574/2016 is filed by the land-losing claimants. M.F.A.No. 101345/2016 is filed by the beneficiary of acquisition.

(2.) Hie facts of the case in brief are that the appellants' land measuring 3 acres 14 guntas situated at Survey No. 127/2 of Shigikeri Village. Bagalkot Taluk was acquired for establishing 110 KV power grid. The preliminary notification and final notification were issued on 15.5.2006 and 26.2.2007 respectively. The Special Land Acquisition officer ('SLAO' for short) passed the award on 8.6.2007 determining the market value at Rs. 60,428.00 per acre. The claimants sought the Enhancement of the compensation by seeking reference under section 18 of the Land Acquisition Act, 1894. The Reference Court enhanced the market value to Rs. 162.00 per sq. ft.

(3.) Sri D.L.N. Rao, the Learned Senior Counsel appearing for Sri Mrutyunjaya S. Hallikeri for the appellants - claimants in LF.A.No. 100574/2016 submits that the Reference Court has erred in giving the escalation at a flat rate; the escalation should be no.18 of the Honourable Supreme Court's judgment in the case of General Manager, Oil And Natural Gas Corporation Limited Vs. Rameshbhai Jivanbhai Patel And Another (2008) 14 SCC 745. The said paragraph reads as follows: