GUNDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) this appeal under Section 54(1) of the Land Acquisition Act, 1894 ('the act' for short) is preferred by the appellant (claimant) from the judgment and award of the reference court passed in l.a.c. No. 24 of 1990, dated 8-4-1991 awarding compensation to him for his acquired land fixing the market value thereof at Rs. 5,000/- per acre as against his claim to compensation at the rate of Rs. 25,000/- per acre. In this appeal he seeks enhancement of compensation for his acquired land restricting his claim to the market value thereof at Rs. 6,000/- per acre.

(2.) heard.

(3.) admittedly, the appellant's lands in survey No. 20 situate at bethalkunda village of basavakalyan taluk in bidar district, measuring 10 acres 6 guntas in total extent, had been acquired by the respondent pursuant to preliminary notification under Section 4(1) of the act dated 18-6-1987 for the purpose of converting the same into a public tank. The concerned l.a.o. had passed his award dated 22-2-1980 granting compensation to appellant fixing the market value thereof at Rs. 3,500/- per acre. Aggrieved by the inadequacy of the said compensation, appellant made application under Section 18 of the act before the l.a.o. claiming compensation at the rate of Rs. 25,000/- per acre and got the case referred to the court-below for adjudication of his claim to the enhanced compensation. In support of his case, his power of attorney-holder deposed as P.W. 1 during the trial in the court-below and has produced exhibits p-1 to p-3 on record. Exhibit p-l is the p.o.a. of the appellant executed in favour of P.W. 1; exhibit p-2 is the appellant's application under Section 18 of the Act, and exhibit p-3 is the certified copy of the judgment of the court-below passed in l.a.c. No. 58 of 1988 disposed of on its file on 22-9-1988 granting compensation to the claimants therein for similar lands in the same village acquired for the same purpose under Section 4 notification dated 8-12-1971. Exhibit p-3 discloses that the total extent of about 56 acres 27 guntas of land belonging to different claimants therein situated in the said village in survey nos. 156,149/2 and 3, 21/1, 21/4, 22/1 and 22/3 had been acquired by the government for the purpose of the said tank and that on a reference under Section 18 of the court-below had determined and fixed the market value for those acquired dry lands at Rs. 5,000/- per acre and had accordingly granted compensation to the respective claimants.