BHIMSHETTY SINCE DECEASED Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The claimant has filed the present Miscellaneous Second Appeal against the judgment and award dated 22.03.2012 made in LACA.No.239/2011 on the file of the I. Additional District Judge, at Gulbarga awarding compensation of Rs.44, 700/- per acre for dry land with all statutory benefits by modifying the judgment and award dated 08.04.2010 made in LAC.No.171/2009, by the Reference Court.

(2.) It is the case of the appellant that the land bearing Sy.No.47 measuring 04 acres 02 guntas situated at Hasargundagi village Tq: Chincholi Tq: Kalaburagi, was acquired for the purpose of construction of "Hasargundagi Tank", by the respondents vide preliminary notification dated 10.11981. The SLAO has passed an award on 28.05.1984 awarding compensation of Rs.3, 500/- per acre for dry land.

(3.) Aggrieved by the said award, the claimant has filed protest petition under Section 18 (1) of the Land Acquisition Act before the Reference Court. The Reference Court has passed the judgment and award dated 08.04.2010 fixing the market value of the acquired lands at Rs.21, 000/- per acre for dry land with all statutory benefits.