MOHAMMADHUSSAIN ALLIEMSHAB GOUNDI AND OTHERS Vs. ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER AND OTHERS

JUDGEMENT

(1.) The legal representatives of the claimants are before this Court seeking enhancement of compensation.

(2.) Brief facts of the case are that, 23 guntas in R.S.No.410 on Kelgeri village in Dharwad, was acquired under 4(1) notification dated 29.05.2008 and 6(1) notification dated 03.12.2008 for the purpose of construction of double line Railway track. The Land Acquisition Officer by award dated 03.07.2009, awarded a sum of Rs. 5,042/- per gunta.

(3.) Not being satisfied with the award made by the Land Acquisition Officer, the claimants sought Reference under section 18(1) of the Land Acquisition Act claiming Rs. 16,00,000/- per acre as compensation for lands acquired by the respondents. The Reference Court by its order dated 16.12.2011 enhanced the compensation to Rs. 35,000/- per gunta. The claimants are before this Court challenging the said Reference order seeking further enhancement of compensation. It is the case of the claimants that the Reference Court has not considered the material on record, particularly Ex.P1 and P2, sale deeds while arriving at the enhanced award amount. It is their case that the acquired lands are within H.D.M.C. limits and they are the N.A. lands.