ASSISTANT COMMISSINOER BAILHONGAL SUB-DIVISION Vs. MAHAMMAD IQBAL

JUDGEMENT

(1.) These appeals are filed by the State Government against the judgment and award dated 22.03.2017 passed by the Senior Civil Judge, Saundatti (hereinafter referred to as 'the Reference Court' for short), in LAC Nos.120, 124, 121, 123 and 127 of 2013, by urging various grounds for reduction of the compensation awarded by the Reference Court.

(2.) Counsel for the respondents has raised preliminary objection with regard to maintainability of the appeals as the land is acquired for the benefit of the Executive Engineer, Division Office, Karnataka Urban Water Supply and Drainage Board, Dharwad (hereinafter referred to as 'the KUWSDB', for short) who is the beneficiary and the respondent herein The Land Acquisition Officer awarded a compensation of Rs.700,000/- per acre to the land losers and reference has been made to the Reference Court and Reference Court enhanced the compensation to Rs.10,00,000/- per acre along with all statutory benefits. The Land Acquisition Officer, who has passed the award, filed these appeals challenging the award passed by the Reference Court.

(3.) Learned counsel for the respondents/claimants vehemently contended that, the beneficiary for whose benefit the land is acquired could be the aggrieved person for challenging the award, but not the Land Acquisition Officer who had passed the award prior to Reference. In support of his arguments, learned counsel also placed reliance on the judgment of this Court in MFA No.101928/2014 in the case of State of Karnataka, Reptd by Secretary to Govt. and others Vs. Sri. Shivappa Goolappa and another, disposed of on 17.07.2015.