RUDRASHETY PATIL Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This Miscellaneous Second Appeal is filed by the claimants for enhancement against the judgment and award dated 15.10.2014 made in LAC Appeal No.399/2013 on the file of the III Addl. District Judge, Kalaburagi allowing the appeal in part awarding compensation of Rs.67,000/- per acre as against Rs.32,000/- per acre awarded by the reference Court with all statutory benefits denying the interest for the delayed period of 5629 days in filing the appeal before the lower appellate Court.

(2.) It is the case of the appellants that the land bearing Sy.No.153 measuring 12 acres 28 guntas of Harsoor village of Kalaburagi taluka and district was acquired by the respondents under the provisions of Section 4(1) of Land Aquisition Act for the purpose of Bennetora project by notification dated 6.8.1992 followed by the final notification and the Land Acquisition Officer passed award on 31.5.1994 fixing compensation of Rs.9,000/- per acre. Being not satisfied with the award, the claimants have filed protest petition under Section 18 (1) of the Land Acquisition Act before the Land Acquisition Officer for reference. On being reference made, the reference Court considering the material on record has awarded compensation of Rs.32,000/- per acre for dry land with all statutory benefits. Being aggrieved by the said judgment and award, the appellants filed LAC Appeal No.399/2013 before the III Addl. District Judge, Kalaburagi who after hearing both parties by the impugned judgment and award fixed the market value of the acquired land at Rs.67,000/- per acre for dry land. Hence, the present appeal is filed for further enhancement.

(3.) I have heard the learned counsel for the parties to the lis.