KARNATAKA UNIVERSITY Vs. TIRAKAPPA HANUMANTAPPA SUNAGAR

JUDGEMENT

(1.) THIS Appeal is filed by the beneficiary-Karnataka University and the cross-objection is filed by the owners of the acquired lands questioning the correctness of the judgment and award dated 6-9-2006 passed in LAC No. 41/2004 by the ii Addl. Civil Judge (Sr. Dn.) Dharwad (hereinafter in short called as 'reference Court')fixing the market value at Rs. 33,000/- per acre for the acquired lands with all other statutory benefits under the Land Acquisition Act (in short L. A. Act ). While the appellant states that the market value fixed by the reference court is on the higher side and seeks to set aside the judgment and award of the reference Court, the cross-objectors in their cross-objections have prayed for dismissal of the appeal and claimed interest at 9% per annum for one year from the date of preliminary notification dated 18-3-1971 and thereafter at 15% till payment of compensation as provided under S. 34 of the L. A. Act.

(2.) THERE is a delay of 54 days in filing the appeal and these matters are heard both on condonation of delay application and also on merits by consent of the learned counsel for the parties. Keeping in view the rights of the parties and the decision of the Apex Court reported in AIR 2000 SC 2306, State of Bihar v. Kameshwar Prasad Singh and also accepting the explanation offered by the beneficiary we allow I. A, I. /2007 and condone the delay in filing this Appeal.

(3.) BEFORE the reference Court since a contention was taken by the appellant that the reference application filed before the reference Court was barred by limitation, it has framed Point No. 1 on this issue and the same was answered holding that the reference application was within the period of limitation by recording its reasons on proper appreciation of facts and legal evidence on record.