T. KUMARASWAMY Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This appeal is filed by the claimant challenging the judgment and award dtd. 14/7/2009 passed in LAC No.96/2003 by the Court of I Additional Civil Judge (Senior Division) and CJM at Shimoga (hereinafter referred to as 'the Reference Court') seeking for higher compensation.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the Reference Court.

(3.) The brief facts leading to the filing of this appeal are that the claimant's lands measuring 6982.80 sq meters in Sy.No.125 of Sominakoppa Village, Kasaba Hobli, Shimoga Taluk was acquired by the respondents for the purpose of the Upper Thunga Project. The Special Land Acquisition Officer (SLAO) determined the market value of the land at Rs.150.00 per sq. meter. Upon reference, the Reference Court recorded the evidence. The claimant examined himself as PW-1 and got marked Exs.P1 to P7. The respondents neither adduced any evidence nor produced any documents. The Reference Court, on appreciation of the evidence on record, re-determined the market value of the land in Sy.No.125 at Rs.400.00 per sq.meter along with all statutory benefits. Aggrieved by the same, the claimant has filed this appeal seeking for higher compensation.