KARIGOWDA S/O URGEGOWDA Vs. THE SPECIAL LAND ACQUISITION OFFICER, THE EXECUTIVE ENGINEER AND THE MANAGING DIRECTOR IRRIGATION BOARD

JUDGEMENT

(1.) IN this appeal the claimant has challenged the correctness of the Judgment and award dated 10.3.2007 passed in LAC 219/02 passed by the learned Prl. Civil Judge, Srirangapatna (hereinafter referred to as 'Reference Court') determining the market value of 37 guntas of land under Acquisition.

(2.) THE Government has not filed any cross -objection in this appeal nor has it filed its own appeal. By the impugned Judgment and Award, the Reference Court has determined the market value of the land under acquisition at the rate of Rs. 2,92,500/ - per acre with all consequential statutory benefits and awarded the same to the claimants.

(3.) AS against this, the learned AGA submitted that the very fact that the sericulture was being carried on in the land under acquisition has not been proved by the claimant by placing adequate evidence on record and therefore, the Reference Court committed an error in determining the market value holding that sericulture was being carried on in the said land. He further submitted the Reference Court ought to have determined the market value by taking the price of per acre yield of mulberry crop only instead of taking the price of cocoons. In the alternative, the learned AGA submitted that the number of crops of mulberry plants, the weight of 100 cocoons and per kg. rate of cocoons which are taken by the Reference Court are quite reasonable and as such the market value determined on the basis of the same does not call for any interference in this appeal.