H JAYARAMA REDDY Vs. SPECIAL LAND ACQUISITION

JUDGEMENT

(1.) These two appeals are filed by the 5th, 6th and 7th claimants, impugning the judgment and award dated 7.6.2012 in Land Acquisition Case No.244/2004 on the file of the II Additional City Civil and Sessions Judge at Bengaluru (For short 'the Reference Court'). The first appeal in MFA 8791/2012 is filed by the 6th and 7th claimants and the second appeal in MFA 9281/2012 is filed by the 5th claimant. The Reference Court by the impugned judgment and award dated 7.6.2012 has rejected the reference under Sections 30 and 31 of the Land Acquisition Act, 1894 refusing the appellants' claims.

(2.) The brief facts are: An extent of 36 guntas of land in Survey No.237/1 of Kengeri Village, Kengeri, Bangalore South Taluk, was notified for acquisition under the Karnataka Industrial Areas Development Act.

(3.) The appellants in MFA 8791/2012 staked claim for compensation for an extent of 30 guntas and 15 guntas of kharab asserting title to such extent from their vendor, Smt. Padmavathi, under the sale deed dated 14.7.2004 (Exhibit P.10). This sale deed, as is obvious, was executed after the Final Notification dated 8.5.2003 but before 9.6.2004, the date on which possession was taken. The claimant in MFA 9281/2012 staked claim for an extent of property measuring 38' x 24' and identified as 66:1/237 asserting that this extent was part of the acquired land in survey No.237/1. The Reference Court rejected the claim of the appellants in MFA 8791/2012 on the sole ground that these appellants had obtained sale deed in their favour for the said extent of 30 guntas and 15 guntas of kharab after the date of Final Notification and because their vendor did not have transferable right as of the date of such sale deed these appellants cannot claim title. As regards the fifth claimant, the reference is rejected by the Reference Court holding that the fifth claimant has not been able to establish any antecedent title that would entitle the fifth claimant to seek compensation.