THAWAREPPA SOMAPPA LAMANI Vs. THE SPECIAL LAND ACQUISITION

JUDGEMENT

(1.) Being aggrieved by the Judgment and Award dated 08.12.2009 passed in LAC No.278/2002 by the II Addl. Civil Judge (Sr. Dn.) Bagalkote (hereinafter referred to as 'the Court below' for short), the appellant has preferred this appeal seeking enhancement of compensation.

(2.) In his memorandum of appeal, the appellant has taken a contention that, his land totally measuring 2 acres 36 guntas, which was acquired in the year 1999 is situated within the limits of Bagalkote which is adjacent to the Bagalkote new township. The APMC has sold plots for businessmen of Bagalkote town at the rate of Rs.15/- per sq. ft. under registered sale deeds. New township BTDA has given plots to non-PDF at the rate of Rs.55/- per sq. ft. This aspect was not properly appreciated by the Court below. Though the acquisition was of the year 1999-2000, the Court below has taken into consideration the rate of crops prevailing during the year 1995-96. Further stating that the potentiality of the land has not been considered by the Court below, the appellant has prayed for enhancement of the compensation at the rate of Rs.30,00,000/- per acre.

(3.) Heard both sides and perused the materials placed before this Court, including the Judgment and award under appeal and also the lower Court records.