CHANABASAPPA SANGAPPA CHACHADI Vs. KARNATAKA NEERAVARI NIGAM LTD.

JUDGEMENT

(1.) This is a miscellaneous second appeal, assailing judgment and award passed in LAC. Appeal No. 130/2011 by the Principal District Judge, Belgaum, dated 02.04.2012 by which, judgment and award passed by the Civil Judge (Sr.Dn), Bailhongal, (hereinafter referred to as "the reference court" for the sake of convenience) dated 26.3.2011 in LAC.No.193/2010 has been modified by partly allowing the appeal.

(2.) Relevant facts of the case are that an extent of 17 guntas out of 1 acre 37 guntas of land, in Sy.No.6/3+4b; 25 guntas in Sy.No.87/ 5 and 35 guntas in Sy.No.85/1 situated at Mugabasava village, Bailhongal taluk, Belgaum District, were acquired for the purpose of River Malaprabha Reservoir Project. In fact the aforesaid lands along with other lands were submerged in the backwaters of Malaprabha River on the construction of the reservoir project. Consequently, the aforesaid lands along with other lands were sought to be acquired by issuance of preliminary notification under Sec. 4(1) of the Land Acquisition Act, 1894, (hereinafter referred to as "the Act" for the sake of brevity), dated 07.06.2007. Subsequently, declaration was issued under Sec. 6(1) of the Act and an award was passed on 23.07.2009. The Special Land Acquisition Officer (hereinafter referred to as "SLAO") awarded compensation of Rs. 56,672.00 per acre by a common award.

(3.) Not being satisfied with the said award, the appellant/claimant filed an application under Sec. 18(1) of the Act (read with Karnataka Amendment) seeking a reference to the court for enhancement of compensation. The reference court awarded compensation of Rs. 2,70,000.00 per acre by assessing escalation in the market value of the land at 8% per annum as per the assessment of the lands in the neighbouring village in the same taluk which were also acquired earlier for the very same purpose. Being aggrieved by the compensation awarded by the reference court, respondent No. 1, beneficiary filed an appeal before the Principal District Judge at Belgaum (hereinafter referred to as the "first appellate court" for the sake of convenience), who by his judgment and award dated 02.04.2012 reduced the compensation to Rs. 2,25,000.00 per acre on the basis of capitalisation method. The appellant-claimant had also filed cross-objection before the first appellate court. The cross-objection of the appellant was dismissed on the ground of delay.