SHIVANAGOUDA BASANAGOUDA KADUR Vs. DEPUTY COMMISSIONER, HAVERI DISTRICT

JUDGEMENT

(1.) The claimant in LAC No.5/2008 on the file of the Principal Senior Civil Judge, Ranebennur, has come up in this appeal impugning the judgment dated 18/4/2011 passed therein.

(2.) Admittedly, the appellant herein is the owner of land bearing Survey No.299/2 of Halageri village, Ranebennur Taluk, Haveri District measuring to an extent of 1 acre 2 guntas which was subject matter of acquisition by S.L.A.O. Upper Tunga Project for construction of canal to Upper Tunga Project. The preliminary notification dated 14/6/2004 under Section 4(1) of the Land Acquisition Act is issued for acquisition in the land of appellant and others. Final notification dated 30/8/2005 was issued and thereafter, award was passed by the second respondent S.L.A.O. on 20/4/2007 where the compensation was quantified at Rs.37,732/- per acre for dry land. Records would indicate that the land of the appellant herein is dry land. He did not construct house, well and there were no other malkies. It is in the aforesaid circumstances, valuation was fixed Rs.37,732/- per acre. Since the extent of land which was lost by the appellant herein being 1 acre 2 guntas compensation of Rs.39,619/- was considered for acquisition of his land and same was communicated to him under 12(2) notice dated 14/6/2007 which was subject matter of challenge in an application filed under Section 18(1) of Land Acquisition Act which was filed on 25/6/2007.

(3.) The same was registered in LAC No.5/2008 on the file of the Principal Senior Civil Judge, Ranebennur. In the said proceedings the appellant herein adduced evidence to demonstrate that the petitioner's land is much more valuable and the compensation of Rs.37,732/- fixed by S.L.A.O., is on lower side. In the proceedings before the Reference Court, based on compensation which was considered for similarly situated land acquired under 4(1) notification dated 24/6/2004 in LAC No.92/2008 at Rs.1,32,000/- per acre was considered for appellant herein also. It is seen that the said compensation is accepted both by the claimant and the beneficiary in LAC No.92/2008 without any of the parties to the said proceedings approaching the Appellate Court seeking revision of the said compensation. It is in the aforesaid circumstances, a sum of Rs.1,32,000/- per acre was considered as compensation to the appellant also.