STATE OF KARNATAKA Vs. ARTHUR G PEREIRA

JUDGEMENT

(1.) The appellants, the State of Karnataka and two others have taken an exception to the Judgment and Award dated 20th December, 2013, passed by the learned First Additional Senior Civil Judge at Mangaluru in LAC. No. 66/2007 in a reference under Section-18 of the Land Acquisition Act, 1894 (for short "the said Act"). The property subject matter of acquisition was measuring 5.55 acres in survey No.70/1, 70/2 and 167/2D, situated in Malavoor village of Mangaluru Taluk.

(2.) The notification under sub-section (1) of Section-4 of the said Act was issued on 27th May 2005. The declaration under Sec. 6 of the said Act was made on 17th Oct. 2005 and an award under Sec. 11 of the said Act was declared on 3rd July 2006. The possession of the acquired land was taken over on 31st July 2006. The respondents are the claimants. The Special Land Acquisition Officer offered market value at the rate of Rs.1,500.00 per cent of land i.e., Rs.1,50,000.00 per acre. The respondents-claimants did not accept the award and sought a reference under Sec. 18 of the said Act, claiming enhancement of market value at the rate of Rs.30,000.00 per cent (Rs.30,00,000.00 per acre) in respect of area of 2.01 acres. In respect of remaining land measuring 3.54 acres, additional compensation was prayed for as, the said portion of the acquired land was embedded with minor minerals. Additional compensation was claimed towards injurious damage caused on account of severance of the land measuring 11.40 acres.

(3.) In the reference, the respondents-claimants examined Mr. Arthur J. Pereira, the first respondent as PW1, Mr. Ravindranatha, a Civil Engineer and an approved valuer as PW2 and Dr.H.N. Udaya Shankar, a Geologist as PW3. The respondents mainly relied upon sale instances in the form of two sale deeds which are produced as exhibits P1 and P3. For supporting the award made under Section-11 of the said Act, the appellants examined Mr.S.Krishnamurthy, Assistant Commissioner cum-Land Acquisition Officer, Mangaluru, as RW.1 and Dr.B.M. Ravindra, the Deputy Director of Mines and Geology as RW.2. The appellants mainly relied upon the certified copy of the sale deed which is at exhibit R.5.