GURAPPA S/O RUDRAPPA MANNIKERI, DIST: BIJAPUR Vs. THE SPL. LAND ACQUISITION OFFICER, UKP, PROJECT, ALMATTI, DIST. BIJAPUR

JUDGEMENT

(1.) THESE three Miscellaneous First Appeals filed under Section 54(1) of the Land Acquisition Act, 1894 are directed against the common judgment dated 04.02.2003 rendered in LAC Nos. 671/1997, 672/1997 and 673/1997 on the file of Court II Additional Civil Judge (Sr.Dn.), Bijapur at Bijapur. MFA No.4009/2003 is in relation to LAC No.671/1997; MFA No.4010/2003 is in relation to LAC No.672/1997 and MFA No.4011/2003 is in relation to LAC 673/1997. Being aggrieved by the enhancement allowed by the Reference Court, enhancing the market value in respect of the lands acquired for "Upper Krishna Project" pursuant to 4(1) notification published in the Karnataka Gazette on 7.11.1996, enhancing the market value from Rs.20,000/ - per acre as determined by the Land Acquisition Officer to Rs.52,500/ - per acre.

(2.) APPEALS have been listed for further orders regarding non filing of paper -Book and if we look at the history of these appeals, they are only being adjourned for one reason or the other without making the appeals ready for hearing.

(3.) THOUGH the learned Judge of the Reference Court rightly was not inclined to base the value of the land on such Exs P6 to P9, nevertheless and perhaps rightly noted that in terms of Ex D2, a consent award passed in respect of other lands acquired under the very notification as agreed to between the land owners and the State, whereunder the value of the lands had been fixed at Rs.35.000/ - per acre and on such premise, the learned Judge though indicated the value should be taken at Rs.35,000/ - was nevertheless very generous and without any reasons increased it by another 50% in respect of which no worthwhile reason is forthcoming and on such benevolent re -determination fixed the market value at Rs.52.500/ - per acre.