SHAIK HUSSAIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is claimant's appeal for enhancement of compensation against the impugned judgment and award dtd. 29/8/2015 made in LAC No.94/2014 on the file of the Senior Civil Judge, Shorapur, sitting at Shahapur, allowing the reference application in part and enhancing the market value at the rate of Rs.5,00,000.00 per acre with all statutory benefits, subject to deduction of already received amount.

(2.) The facts of the case in brief are that: The claimant is the owner in possession of the land bearing Sy.No.677 situated at Gogi (K) village measuring 9 acres 18 guntas and the same was acquired for public purpose i.e., for construction of the seepage canal (K.B.J.N.L.) by the respondents.

(3.) The 1st respondent/Land Acquisition Officer, after considering the entire material on record, has proceeded to pass award on 28/3/2012, fixing the market value at Rs.70,408.00 per acre with statutory benefits. Being not satisfied with the said award, the claimant/appellant filed reference application under Sec. 18(1) of the 'Act'. The said reference application was resisted by the respondents/State Government by filing objections contending that the averments made in the reference application are false and baseless and denied the assessing value made by the claimant. It was contended that the LAO, considering the correct market value has passed the award and further contended that there were no bunds and trees in the acquired lands and the lands acquired are dry lands. Therefore, the contention of the claimant that the market value of the land is Rs.10,00,000.00 per acre at the time of acquisition is without any basis and therefore, sought for dismissal of the reference application.