INDIAN COUNCIL OF AGRICULTURAL RESEARCH Vs. VISHNU KALLURAYA

JUDGEMENT

(1.) THE appellant is challenging the judgment and award passed by the Civil Judge (Senior Division), Puttur in LAC No. 17/ 1991.

(2.) TWO acres 66 cents of land in Sy. No. 259/1 of Kemminje Village, puttur Taluk, belonging to the claimants was acquired under a preliminary notification dated 29. 3. 1990 for the benefit of the appellant in order to establish a Cashew Research Centre. The LAO passed an award on 27. 7. 1991 determining the market value of the land in question at Rs. 350/- per cent. On the request of the claimants, a reference was sent to the reference court. The reference Court, relying upon Ex. P. l and on the ground that the LAO did not step into the witness-box and no oral evidence was let in on behalf of the respondents, enhanced the market value from Rs. 350a per cent to Rs. 3200/- per cent. Challenging the said judgment and award, the appellant filed an appeal before this Court in MFA No. 28/94. This court, after hearing the parties, remanded the matter to the reference court directing it to implead the appellant-beneficiary as a respondent and to give an opportunity for him to let in evidence.

(3.) THE reference Court, after remand, granted an opportunity for both the parties to let in further evidence. On behalf of the appellant, one of its officer was examined as R. W. I and Exs. Rl to R5, certified copies of the sale deeds were marked to show the market value of the lands in the vicinity at the time of issuance of the preliminary notification under Section 4 of the Land Acquisition Act. The reference Court, on the ground that the appellant herein did not examine the parties to the sale deeds and holding that a mere marking the sale deeds as Exs. R. 1 to R. 5 does not amount to proof, rejected the contention of the appellant and confirmed the order passed by the reference Court earlier, by its judgment and award dated 16. 10. 2003. Being aggrieved by the judgment and award of the reference court passed for the second time, the present appeal is filed.