STATE OF KARNATAKA Vs. GOVINDAMMA

JUDGEMENT

(1.) These appeals are directed against the common judgment, dated 14.11.2013 passed by the Reference Court (the Court of the Additional Senior Civil Judge, Raichur) in LAC Nos.239/2006, 240/2006, 242/2006 and 243/2006.

(2.) The lands in question were acquired for rehabilitating the villagers on account of the submergence of their villages under an irrigation scheme, vide Section 4(1) notification, dated 28.06.2005. The Special Land Acquisition Officer (for the short the 'SLAO') and the Assistant Commissioner, Raichur determined the market value at Rs.38,000/- per acre in his award, dated 16.08.2006. On the respondents/claimants filing the applications invoking Section 18 of the Land Acquisition Act seeking the enhancement of the compensation-amount, the Reference Court raised it to Rs.8.,92,400/- per acre. It is this award of the Reference Court which is assailed by the Government in the appeals. The claimants have filed the cross-objections in MFA Crob. Nos.200002/2015, 200001/2015, 200003/2015 and 200004/2015.

(3.) Smt.Archana P. Tiwari, the learned Additional Government Advocate appearing for the appellant submits that the lands in question were not irrigated as such. The claimants were only given the clearance to use the water from Krishna River. She would therefore contend that at the most, the lands in question could be taken as the lands, with irrigation potentiality. She submits that the author of Ex.P36 (price list issued by HOPCOMS, Bangalore) is not examined. She submits that the rate of Mosambis per kilogram is taken as Rs.18.59. To get the said price, the Mosambis are required to be transported from the land situated in Raichur to Bangalore. Therefore, the Reference Court ought to have deducted certain amounts from the price of the Mosambis towards the transportation. She also submits that the LAO's award is Rs.33,100/- for the lands situated in Dongrampur village.