EXECUTIVE ENGINEER Vs. SHIVALINGAYYA; ASSISTANT COMMISSIONER; MALLIKARJUNAYYA

JUDGEMENT

(1.) These two appeals are directed against the common judgment, dated 06.07.2012 passed by the Court of the II Addl. Senior Civil Judge, Bijapur ('Reference Court') in LAC Nos.6/2007 and 7/2007.

(2.) The facts of the cases in brief are that the lands in question were notified for acquisition on 20.01.2005 for the benefit of the appellant for setting up the KV station. The respondent No.2 passed the award on 17.06.2006, fixing the market value at Rs.38,206/- per acre. Not content with the said fixation of the market value, the first respondents in both the appeals sought the reference invoking Section 18 of the Land Acquisition Act, 1894. The Reference Court raised the market value to Rs.7,20,000/- per acre. It is this award of the Reference Court, which is being assailed by Sri Ashok S. Kinagi, learned counsel appearing for the beneficiary.

(3.) Sri Ashok S. Kinagi submits that the appellant has produced the sale deeds at Exs.R1 to R5 and the valuation certificate at Ex.R6. The Reference Court has ignored the sale deeds on the ground that the jurisdictional Sub-Registrar is not examined. He submits that the Reference Court has erred by relying on the Resolution passed by the Deputy Commissioner (Ex.P6) to the exclusion of all other documents.