VENKOBA Vs. ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Appeal by the owner of a land which came to be taken over by the State for the purpose of implementation of minor irrigation project as on 1.3.1974, but in respect of which, a notification under Section 4 was issued only on 29.1.1987, and after efforts by the owner, quantum of compensation payable by the State for acquiring such land though, was finalized in terms of the judgment and award passed by this Court in MFA No.4480/1996 decided on 14.8.2001, the benefit of this award is again disturbed and reduced by the order of the learned Single Judge passed on 10.11.2008 in Writ Petition No.3058 of 2007 filed by the Assistant Commissioner and Land Acquisition Officer, Sirsi and aggrieved by this loss of quantum of compensation, though it had attained finality even as on 14.8.2001, the present appeal by the owner under Section 4 of the Karnataka High Court Act.

(2.) Brief facts as noticed, lead to the quantification of the compensation amount by this Court in the owner's appeal under Section 54 of the Land Acquisition Act whereby, it was quantified at Rs.7,560/- per gunta in terms of the order passed in MFA No. 4480/1996 which came to be dismissed, but the cross appeal of the appellant for further enhancement was allowed by refixing the market value at. Rs.7,560/- per gunta, are not disputed.

(3.) While the matters attained finality in this way, the Land Acquisition Officer sought correction of the quantum of compensation payable to the owner by applying the principle of law laid down in the case of R.L. Jain deceased by L.Rs Vs. Delhi Development Authority and Others, (2004) 4 SCC 79, holding that the owners of lands, possession of which has been taken over on any day prior to the 4(1) Notification while, can claim damages or any other compensation, cannot claim interest on the compensation amount from the date of dispossession till the date of 4(1) notification. The judgment and award in LAC No.8/1989 was sought to be reviewed and corrected by filing Misc. (Review) Petition No.1/2006 before the Court of Civil Judge (Senior Division), Sirsi.