LAWS(KAR)-2007-10-67

SPECIAL LAND ACQUISITION OFFICER Vs. ASHOK VENKATESH

Decided On October 11, 2007
SPECIAL LAND ACQUISITION OFFICER Appellant
V/S
ASHOK VENKATESH DESAI Respondents

JUDGEMENT

(1.) LAND bearing R. S. No. 115/2 measuring 4 acres 26 guntas, situated at Hiremuramatti village, Bagalkot Taluk, was notified for acquisition under Section 4 ( 1) of the Land Acquisition Act ("the Act" for short), on 25. 7. 1996. The said property was acquired for the public purpose of upper Krishna Project, i. e. , submergence in the back water of Almatti Reservoir. The final notification under Section 6 (1) of the Act was issued on 15. 9. 1997 acquiring the said property for the said purpose. The LAO has passed the award on 27. 2. 1999, determining the market value of the property at Rs. 18,351/- per acre.

(2.) THE land owner being dissatisfied with the award made by the lao, contending that the compensation has not been determined in accordance with law and the award was meager, sought for a reference to the Civil Court under Section 18 of the Act. The reference Court after issue of notice to the concerned, has enquired into the matter.

(3.) THE owner/claimant has examined himself as PW. 1 and produced documents in support of the claim made by him, which have been marked in his evidence as Exs. P 1 to P5. The LAO did not lead any evidence and the award passed by him was marked as Ex. D 1.