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2012 DIGILAW 974 (KAR)

Srikanth v. Special Land Acquisition Officer

2012-12-05

MOHAN M.SHANTANAGOUDAR

body2012
JUDGMENT Mohan Shantanagoudar, J : Learned High Court Government Pleader takes notice for the respondent. Heard. There is a delay of 461 days in filing the appeal. Accepting the cause shown, delay of 461 days in filing the appeal stands condoned. I.A.No.1/2012 is allowed accordingly. 2. This appeal is filed by the claimant praying for enhancement of compensation. The area of 38 guntas and 18 guntas of wet irrigated land in Sy. No.100/C is lost by the claimant in the acquisition dated 30.5.1991 situated at Chennur village of Chincholi Taluk. The acquisition was made for the purpose of lower Mulla Man project. The Land Acquisition Officer passed the award fixing the compensation at Rs. 8,000/- per acre for dry land and Rs.12,000/- per acre for wet lands. The Reference Court enhanced the compensation to Rs.32,000/- per acre for dry lands and Rs.48,000/- per acre for wet lands. Being dissatisfied with the compensation, the claimant filed LACA No.43/2009. The first appellate Court enhanced the compensation to Rs.1,00,000/-. This appeal is filed praying for further enhancement of compensation. 3. The first appellate Court relying upon the judgment of this Court in MFA No.7498/2006 awarded compensation of Rs.1,00,000/- per acre. Sri Harshavardhan R. Malipatil, learned Counsel for the appellant has produced the copy of the judgment of this Court in MFA No.7498/2006 for perusal. On perusal of the said order it is clear that this Court has actually quantified the compensation to Rs.1,15,086/- per acre in respect of dry land and Rs.1,72,630/- per acre in respect of irrigated lands. However, since the claimant in the said matter has restricted his claim to Rs.1,00,000/-per acre in respect of irrigated land and Rs.65,000/-per acre in respect of dry land, this Court awarded the compensation of Rs.1,00,000/- per acre for irrigated land and Rs.65,000/- per acre for dry land. Merely because Rs.65,000/-per acre is awarded in respect of dry land and Rs.1,00,000/- per acre for irrigated lands, the same cannot be a thumb rule, more particularly when this Court has quantified the compensation on the higher side. Thus, what was quantified by this Court in MFA No.7498/2006 Was Rs.1,15,086/- in respect of dry land and Rs.1,72,630/- per acre in respect of irrigated land. 4. In the matter on hand, the claimant has claimed compensation of Rs.75,000/- per acre. Thus, what was quantified by this Court in MFA No.7498/2006 Was Rs.1,15,086/- in respect of dry land and Rs.1,72,630/- per acre in respect of irrigated land. 4. In the matter on hand, the claimant has claimed compensation of Rs.75,000/- per acre. What is quantified by this Court in MFA No.7498/2006 is Rs.1,15,086/- per acre for dry lands and Rs.1,72,630/- for irrigated lands. Thus, the claimant would be entitled to Rs.1,15,086/- per acre for dry lands and Rs.1,72,630/- per acre for irrigated lands as quantified by this Court in MFA No.7498/2006. Accordingly, the following order is made: (i) The judgment and award of the first appellate Court is modified. The compensation is enhanced to Rs.1,15,086/- per acre for dry land and Rs.1,72,630/- for irrigated lands. (ii) Claimant is entitled to all other statutory benefits as per law. Appeal is allowed accordingly.