MALLAPPA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The claimants in L.A.C.No.103/2005 on the file of Civil Judge (Sr.Dn.), Bilagi have come up in this appeal seeking enhancement of compensation awarded for acquisition of their land bearing Sy.No.162/1+2B measuring 4 acres 18 guntas situated at Honnalli Village, taluka Bilagi.

(2.) The aforesaid land was subject matter of acquisition under Section 4(1) of the Land Acquisition Act vide notification dated 17.10.1996. The award was passed by SLAO in LAQ:SR:41/1995-96 on 07.05.1999, which was intimated to the claimants vide notification under Section 12(2) of the Land Acquisition Act. Thereafter an application is filed by them seeking enhancement of compensation which was referred to Civil Court, where it was registered in L.A.C.No.103/2005 on the file of Civil Judge (Sr.Dn.), Bilagi.

(3.) The material on record would indicate that the appellants herein, claimants in the Court below contended that the land in question though categorized as dry land, where he would claim that out of 4 acres 18 guntas an extent of 3 acres is irrigated land and the dry land is only to an extent of 1 acre 18 guntas. That there is an attempt to demonstrate that an extent of 3 acres of irrigated land was utilized for cultivation of pomegranate fruit. Though the said contentions were raised before the reference Court, the same was not accepted. On the contrary the reference Court considered the entire extent of 4 acres 18 guntas, as dry land. That, the compensation payable was considered on capitalization method in awarding compensation in a sum of Rs.1,15,580/- per acre. The said award is subject matter of challenge before this Court in this appeal.