KARNATAKA NEERAVARI NIGAM LTD Vs. BASAPPA

JUDGEMENT

(1.) In this appeal under Section 54 of the Land Acquisition Act, 1984 (hereinafter referred to as 'the Act'), the appellant viz., Karnataka Neeravari Nigam Limited, has assailed the validity of the judgment, dated 8th July 2009, passed by the Reference Court in L.A.C. No.16/2006, by which, the amount of compensation in respect of 23 guntas of land of the respondents, has been enhanced from Rs.35,000/- per acre to Rs.35,000/- per gunta on the ground that the land in question is non-agricultural land. Being aggrieved by the aforesaid judgment passed by the Reference Court, the respondents have filed M.F.A. Crob No. 772 of 2011.

(2.) Facts necessary for decision of this appeal and cross objection are that respondents are the owners of land ad measuring 23 guntas forming part of Sy. No.6/2 at Hooli village. The aforesaid land was required by the appellant for the purpose of construction of canal under Renuka Lift Irrigation Project. Thereupon, the proceedings under the Act was initiated and the notification under Section 4(1) of the Act was published on 01.07.2004. Eventually, an award was passed on 08.11.2005 by the Land Acquisition Officer. The Land Acquisition Officer treated the land in question to be agricultural land and fixed the market value of the land at Rs.35,000/- per acre.

(3.) The notice under Section 12(2) of the Act was served on the respondents on 10.01.2006. Thereupon the respondents filed a petition seeking reference to the Deputy Commissioner on 23.02.2016. On reference being made, the Reference Court recorded the evidence of the parties and by the impugned judgment, dated 08.07.2009, inter alia, held that the land in question was non-agricultural land and determined the market value of the property at the rate of Rs.35,000/- per gunta. In the aforesaid factual background, this appeal and cross objection have been filed.