SPECIAL TAHSILDAR Vs. SHIVANANDA MENDON

JUDGEMENT

(1.) These batch of cases concern acquisition of land for the purpose of construction of a Commercial Tax Check Post Complex at Bangara-Manjeshwar Village. The acquisition was made pursuant to two notifications under section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'LA Act'). A total extent of 1.8452 hectares was notified as per Sec. 4(1) notification dated 29/4/2009 and 1.9312 hectares was notified for acquisition on 1/11/2009. The Land Acquisition Officer having considered seven documents placed reliance upon document No. 3963/2006 of SRO, Manjeshwar to fix the land value in the case. Accordingly, the land value was fixed at Rs. 64,220.00 per Are for properties covered by Sec. 4(1) notification dated 29/4/2009 and Rs. 49,400.00 per Are for properties covered by Sec. 4(1) notification dated 1/11/2009.

(2.) Claimants objected to the above award and accordingly, the matter was referred to the Sub Court under Sec. 18 of the LA Act.

(3.) Before the Sub Court, separate evidence was adduced in different cases. Initially, judgment was delivered by the Reference Court in a few of the cases. This Court having considered the matter remitted the same to the Reference Court as per judgment in LAA No. 700/2011. Similar orders were passed in LAA Nos. 696/2011, 723/13, 747/13, 782/13, 62/14, 474/14 and 496/14. The case was thereafter heard and decided. LAR Nos. 47, 48, 54, 55, 56, 57, 62 and 65/2010 were decided by a common judgment dated 23/12/2011 and the other cases were decided separately.