Special Land Acquisition Officer, Mysore v. Kariyappa
2012-04-20
RAM MOHAN REDDY
body2012
DigiLaw.ai
Judgment 1. 12 guntas of land in Sy. No.39 of Aregowdanahalli Village, Varuna Hobli, Mysore Taluk, amongst other small extents of land when acquired by the State Government in exercise of its eminent domain power to wit for “Varuna Nala” by issuing a preliminary notification dated 14-6-1998 under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’), followed by a final notification under Section 6(1) on 14-9-1998, the Special Land Acquisition Officer, based on sales statistics, fixed the market value of the acquired land at Rs.32,000/- per acre, by award dated 15-5-1999. The Land loser’s application under Section 18(1) of the Act for enhancement of compensation when referred to the III Additional Civil Judge (Senior Division), Mysore, was registered as LAC No. 317 of 2004. The claimant adduced evidence by examining himself as P.W.1 and marked 4 documents as Exs. P. 1 to P. 4. The Special Land Acquisition Officer did not lead evidence, however, the general award and individual awards were marked as Exs. R 1 and R 2 by consent. The Reference Court, placing reliance upon Ex.P.1, the judgment and award dated 20-2-2007 in LAC No. 422 of 2005 of the I Additional Civil Judge (Senior Division), at Mysore, Whence Rs.1,99,650/- per acre was fixed as the market value of the land measuring 12 guntas in Sy. No.39 of Madapura village acquired under the preliminary notification dated 9-1-1997, 1 year and 5 months prior to the preliminary notification, subject-matter of reference and in the adjoining village, accepted the very same market value and applying appreciation of Rs. 10,000/- per year arrived at Rs.14,200/-, totalling to Rs. 2,13,850/- per acre, following the opinion of this Court in State of Karnataka v Mallappa, (2003 (6) Kar. L.J. 334: ILR 2003 Kar. 2336) holding that the rate of compensation for all the acquired lands, similarly situated in the adjoining villages cannot be found fault with and liable to be confirmed, therefore, by judgment and award dated 19th December, 2007, allowed the reference and enhanced the market value of the acquired land to Rs. 2,13,850/- per acre. 2. The Special Land Acquisition Officer, aggrieved by the judgment and award, preferred LACA No. 46 of 2009 before the Principal District Judge at Mysore, whence, by judgment dated 5th July, 2010, having found no merit, dismissed the appeal. Hence, this second appeal. 3.
2,13,850/- per acre. 2. The Special Land Acquisition Officer, aggrieved by the judgment and award, preferred LACA No. 46 of 2009 before the Principal District Judge at Mysore, whence, by judgment dated 5th July, 2010, having found no merit, dismissed the appeal. Hence, this second appeal. 3. The only contention advanced by the learned HCGP for the appellant is that the land measuring 12 guntas in Aregowdanahalli Village is not similar to the land subject-matter of LAC No. 422 of 2005, and situated in an adjoining village, acquired under the preliminary notification issued 1 year and 5 months earlier, though for the very same public purpose of forming Varuna Nala. 4. Having heard the learned HCGP, perused the pleadings and examined the judgment and award of the Courts below, in the absence of any distinct material brought on record in the evidence, both oral and documentary, before the Reference Court, this Court cannot hasten to conclude that the acquired lands did not offer a comparable value in particular, when the award earlier passed in LAC No.422 of 2005, has already attained finality. 5. No substantial question of law arise for decision making and the appeal is accordingly dismissed.