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2020 DIGILAW 519 (KAR)

Malatibai W/o. Aravind Kulakarni v. Special Land Acquisition Officer, Upper Krishna Project, Bilagi

2020-02-20

ASHOK S.KINAGI

body2020
JUDGMENT : 1. The claimants have filed this appeal challenging the judgment and award passed in L.A.C.No.586/2005 by the Senior Civil Judge, Bilagi, dated 04.03.2011 seeking enhancement of compensation. 2. The claimants are the owners of land bearing R.S.No.168/1+2A+2B/3B/2 to the extent of 3 acres of Badagi village. The said land was acquired for Upper Krishna Project under the preliminary notification under Section 4(1) of the Land Acquisition Act dated 25.06.2001 published in official gazette and in grama chawadi on 09.11.2001. The Spl. Land Acquisition Officer passed an award on 24.06.2002 determining the market value of the land in question at the rate of Rs.45,944/-per acre. The claimants submitted a reference petition under Section 18(1) of the Act and accepted the compensation amount awarded by the Spl. Land Acquisition Officer under the protest. The reference Court after considering the entire material evidence on record, determined the market value of the land at the rate of Rs.50,000/-per acre except phot kharab. Further held that the claimants/appellants are entitled for 30% solatium on the enhanced market value and also 12% additional market value on it from the date of 4(1) final notification in Grama-Chawadi i.e., on 09.11.2001 till the date of LAO award. The claimants aggrieved by the judgment and award passed by the reference Court in L.A.CNo.586/2005, have filed this appeal seeking enhancement of compensation. 3. Heard the learned counsel for the parties. 4. Learned counsel for the appellants submits that a Coordinate Bench of this Court in M.F.A. No.21940/2011 has determined the market value of the land at Rs.2,35,000/-per acre. The notification in the said case was of the year 1999 wherein the present land was acquired in the year 2001 and the learned counsel for the appellants restricts his claim to the extent of R.2,35,000/-per acre and the lands acquired in the said case is for the same purpose as the lands in question. 5. Learned counsel for the respondents submits that the market value be fixed at the rate of Rs.2,35,000/-per acre in view of the judgment in M.F.A.No.21940/2011. 6. Perused the judgment of the Coordinate Bench of this Court in M.F.A.No.21940/2011. 7. 5. Learned counsel for the respondents submits that the market value be fixed at the rate of Rs.2,35,000/-per acre in view of the judgment in M.F.A.No.21940/2011. 6. Perused the judgment of the Coordinate Bench of this Court in M.F.A.No.21940/2011. 7. From the perusal of the aforesaid judgment, it is seen that the Coordinate Bench of this Court relied on the judgment of the Division Bench of this Court dated 08.01.2008 passed in M.F.A.No.435/2005 and connected matters wherein the Division Bench of this Court has determined the market value of the land at Rs.2,35,000/-per acre in respect of the lands situated in the adjoining village. Following the judgment of the Division Bench of this Court, the Coordinate Bench of this Court in M.F.A.No.21940/2011 fixed the market value of the land at the rate of Rs.2,35,000/-per acre. 8. Learned Government Advocate does not dispute the said fact. 9. Considering the judgment passed in M.F.ANo.21914/2011, the market value of the land in the present case is determined at Rs.2,35,000/-per acre. Accordingly, the appeal is allowed in part with costs. The judgment and award of the reference Court is modified and the market value of the land in question is fixed at the rate of Rs.2,35,000/-per acre. The claimants are entitled for all other statutory benefits.