DEPUTY COMMR DHARWAR Vs. JEEVANNAVAR

JUDGEMENT

(1.) In both these appeals the challenge is to the award made by the Civil Judge, Haveri, in L.A.C. No. 8 of 1973 under S. 48(2) of the Land Acquisition Act. (hereinafter referred to as the Act) .

(2.) M.F.A. 923 of 1976 is filed by the Deputy Commissioner, Dharwar District and the General Manager, Karnataka State Road Transport Corporation. At the request of the learned counsel appearing for appellant-2, in this appeal, appellant-2 is transposed as respondent-2. MFA 275 of 1977 is filed by J. G. Jeevannavar, the claimant.

(3.) The undisputed facts of the case may briefly be stated as follows: The claimant owns a plot of land in Hirekerur measuring about 3 acres and 6 guntas and 114 sq. yards comprised in S. No. 233/1A/1. The land was originally an agricultural land and was converted into a non-agricultural land some time in the year 1962. It appears that the KSRTC needed MFA 923/76 & 275/77. this land for its use, whereupon it approached the State Government for acquiring a portion of the land belonging to the claimant under the provisions of the Act as amended in Karnataka. On 7tb September 1967 3, preliminary notification was issued under S. 4(1) of the Act, which notification came to be cancelled on 1.1th April 1969. Another notification was issued under S. 4(1) of the Act on 15th November 1P69 which came to be cancelled on 7th February 1971. There was one more notification issued under S. 4(1) of the Act on 23rd September 1970 which came to be cancelled on 30th March 1972. It is thereafter that the claimant claimed that he is entitled to compensation under sub-sec. (2) of S. 48 of the Act consequent upon the withdrawal of the acquisition proceedings for the period between 7th September 1967 the date of the first notification issued under S. 4(1) of the Act and 30th March 1972 the date of the last notification by which the acquisition proceedings were dropped. The claimant claimed compensation of Rs. 1,15,582|92 P. The Deputy Commissioner made an award in favour of the claimant for Rs. 19,221-20. As the claimant was not satisfied with the said award, a reference was made at his instance to the Court of the Civil Judge, Haveri. The learned Civil Judge has enhanced the compensation by a further sum of Rs. 10,619/73 P.