OBALEPPA Vs. SLAO, MP-1

JUDGEMENT

(1.) The claimants in both the appeals are before this Court seeking enhancement of compensation awarded by Reference Court.

(2.) Brief facts of the case is that, the lands of the claimants in LAC No.464 of 2007 bearing Sy.Nos.182/1, 182/2, 182/3 and the claimants in LAC No.305 of 2007 situated at Kasaba-Hosakoti village of Badami taluk were notified for acquisition for the purpose of formation of canal under Malaprabha Project by respondent No.1-SLAO vide preliminary notification dated 7.3.200 The SLAO passed an award dated 15.09.2004 determining the market value of the acquired lands at Rs.25,000/- per acre. Being dissatisfied with the same, the claimants had sought for reference under Section 18 of the Land Acquisition Act, 1894. Before the reference Court, the claimants contended that the acquired lands are irrigated lands and they were growing sugarcane, groundnut and sunflower. They also claimed that they used to grow 2 crops in a year. However, the reference Court had come to the conclusion that the claimants have failed to prove that the acquired lands are irrigated lands. The reference Court has also not accepted that the claimants were growing sugarcane, groundnut and sunflower in the said lands. Based on the material on record, the reference Court has enhanced the market value of the acquired lands at Rs.50,400/- per acre as against the market value determined by the SLAO at Rs.25,000/- per acre. Being aggrieved by the same, the claimants are in appeal seeking enhancement of compensation.

(3.) The learned counsel appearing for the claimants in both the appeals submitted that the reference Court has failed to take into consideration the relevant material on record while determining the market value of the acquired lands. He further submitted that along with the claimants' lands, the surrounding lands were also acquired for the very same project under the same notification i.e. 7.2002. The surrounding land losers of Kasaba-Hosakoti village of Badami taluk under the same notification, had approached the reference Court seeking for enhancement of compensation determined by the SLAO in LAC Nos.302 of 2007, 303 of 2007 and 304 of 2007. The reference Court by its order dated 29.11.2007 has determined the market value at Rs.2,03,250/- per acre in respect of the acquired lands of Kasaba-Hosakoti village of Badami taluk. Hence, in the light of the said order of the reference Court, the claimants are also entitled for the same market value for their lands. Hence, he prays for allowing the appeals fixing the market value of the acquired lands of the claimants at Rs.2,03,250/- per acre with statutory benefits and costs.