NAGAMMA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THESE appeals are directed against the common judgment and awards dated 30-11-2002 passed in LAC Nos. 263/1996, 264/1996, 265/1996, 266/1996, 267/1996, 171/1999, 257/1999 by the II Addl. City Civil Judge. Bangalore City, (hereinafter referred to as 'the Reference Court')fixing the market value at Rs. 3/- Lakhs per acre. The owners-claimants in MFA Nos. 2237/03. 2244/03. 2246/03, 2266/03, 2269/03 are seeking for enhancement of market value at Rs. 4,00,000/-per acre whereas the owners-claimants in mfa No. 2243/03 and in MFA No. 2245/03 are seeking enhancement of Rs. 4,70,000/- and rs. 6,22. 000/- per acre respectively over and above awarded by the Reference Court by re-determining the correct market value of their acquired land.

(2.) THE Spl. LAO also filed Appeals questioning the market value fixed by the Reference Court in all the above LAC reference contending that the same is on the higher side and seeks to set aside the same. Both the parties having aggriev ed of the judgment and awards have challenged the same urging various grounds in support of the claim and counter-claim and prayed to grant the reliefs as prayed in their respective Appeals.

(3.) THE lands in question were acquired in favour of the 2nd respondent-Defence Research and Development Organization (for short 'drdo')for the purpose of establishment of Electronic warfare Range (for short 'the EWR' ). The claimants are the absolute owners of the lands, which were acquired by the State Government in exercise of its eminent domain power in favour of DRDO by publishing three notifications. Insofar as the lands of the owners in MFA Nos. 2237. 2244, 2246, 2266, 2269/2003 and the lands of the owner in MFA No. 2243/2003 is concerned the preliminary notification u/s. 4 (1) of the mysore Land Acquisition (Extension and Amendment) Act (hereinafter called as the L. A. Act) dated 2-4-1992, in respect of the land of the owner in MFA No. 2245/2003 the preliminary notification dated 25-5-1995 was published in the Gazette on 12-6-1995. The above preliminary notifications were followed by final notifications under Section 6 (1) of the L. A. Act on various dates by declaring the acquisition of lands for the above public purpose. The Spl. LAO has passed the common award u/sec. 11 of the LA Act fixing the market value at Rs. 60,000/- per acre along with other statutory benefits as provided under the L. A. Act. The offer of compensation awarded in favour of the owners in the common Award was not acceptable to the owners as the same was inadequate and does not reflect true market value of their acquired lands. Therefore, references were sought by the owners by filing applications u/sec. 18 (1) of the l. A. Act before the first respondent, he has made the References to the Reference Court in exercise of his powers u/sec. 18 (3) (a) of the LA Act for re-determination of the true market value of the acquired lands. The owners claimed Rs. 4 lakhs per acre, now, they have sought to enhance the market value as referred to supra by filing amendment applications. In all the reference cases the owners have stated that the acquired lands had acquired non-agricultural potentiality and therefore, they are entitled to the market value as claimed by them in their claim petitions. All the land acquisition claim cases of the owners were clubbed together at the instance of the parties and common enquiry u/sec. 21 of the L. A. Act was conducted by the learned reference Judge. On behalf of the owners, four of them were examined as P. W. 1 to P. W. 4 in justification of their claim. On behalf of the splao and DRDO two witnesses were examined as DW-1 and DW-2 in justification of the common Award passed by the Spl. LAO. Documents produced by the claimants were marked as Ex. P-1 to P-43 consisting of sale Deeds, certified copies of RTCs in respect of the lands in question and judgments and awards passed by the jurisdictional reference court in respect of various similar lands. On behalf of the Spl. LAO and DRDO. Ex. D-1 to D-4 were marked viz. , the letter written to the owners, inspection report and common award passed by the SPLAO in respect of the lands in question.