LAND ACQUISITION OFFICER UPPER KRISHNAPROJECT BHEEMARAYANAGUDI Vs. GUNDACHARYA

JUDGEMENT

(1.) this miscellaneous first appeal is preferred under Section 54(1) of the Land Acquisition Act. It has been preferred by the special land acquisition officer, bheemarayanagudi, from the judgment and Order dated 2-8-1991 whereunder, the learned additional civil judge, gulbarga, had allowed the reference and held the claimant to be entitled for the enhanced compensation at the rate of Rs. 15,000/- per acre in respect of the land acquired survey No. 18/3 measuring 11 acres 10 guntas situate in village jewargi (k), taluk jewargi, district gulbarga, as well as held the owner of the land or claimant to be entitled to other statutory benefits under the provisions of Section 23(1) of the land acquisition ACT as amended.

(2.) the facts of the case in brief are that preliminary notification under Section 4(1) of the land acquisition ACT was issued on 4-8-1982, under which the land bearing survey No. 18/3, jewargi (k), taluk jewargi, district gulbarga was acquired and the land acquisition officer awarded and determined the compensation therefor, at the rate of Rs. 5,000/- per acre. The claimant moved an application under Section 18 of the Land Acquisition Act, for short 'act' challenging the award of the land acquisition officer on several grounds.

(3.) on behalf of the government, the land acquisition officer's objection was filed by the learned district government pleader taking the plea to the effect that reference was time barred and claimant claim for compensation was exhorbitant which he was not entitled. Considering the matter on merits, the civil judge, gulbarga, passed the judgment and Order (award) dated 2-8-1991, enhancing the compensation payable. Having felt aggrieved from the judgment and Order (award) of the civil judge, enhancing the amount of compensation, the special land acquisition officer, upper krishna project (u.k.p.), bheemarayanagudi, has filed this appeal.