ERAPPA Vs. STATE

JUDGEMENT

(1.) THIS second appeal under Section 54 (2) of the Land acquisition Act arises from the judgment and decree dated 11-1-1996 delivered by the Principal District. Judge, Gulbarga, in land Acquisition First Appeal No. 90 of 1994. The learned district Judge vide his judgment and decree dated 11-1-1996 dismissed the appeal filed by the State. The lower Appellate court has also rejected the contention of the claimant respondent's Counsel that compensation which has been awarded to him was too low and did not allow him to raise any point on the ground that he has not filed any cross-objections.

(2.) THE notification under Section 4 of the Land Acquisition Act was published on 14-12-1987. The petitioner's land was acquired and the Land Acquisition Officer awarded compensation at the rate of Rs. 3,000/- per acre. From the award of the Land Acquisition Officer the claimants moved an application for reference under Section 18 of the Land acquisition Act (for short 'the Act' ). On reference being made the civil Judge modified the award by providing that the market value of the land acquired shall be determined at the rate of Rs. 12,500/- per acre. The Civil Judge further held that as the possession of the land had been taken on 5-2-1987 is an undisputed fact, before the publication of notification under section 4 of the Act, which notification was published on 14-12-1987, the claimant was not entitled to claim the additional compensation at the rate of 12 per cent per annum on the market value for the period specified in Section 23 (1-A) of the act. Feeling aggrieved by the decision of the Civil Judge dated 29th January, 1994, the respondent i. e. the State or the Special land Acquisition Officer preferred the appeal.

(3.) THE claimant did not file any cross appeal or cross-objection and as mentioned earlier the learned District Judge while dismissing the appeal did not entertain the claim of the petitioner with reference to the question of compensation or additional compensation under Section 23 (1-A) of the Act. The claimant having felt aggrieved by the order of the Civil Judge and that of the District Judge filed the Second appeal in this court.