GURURAJ Vs. SPL. LAND ACQUISITION OFFICER, UKP

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 15.01.2010 passed in LAC No.1314/1999 on the file of the II Addl. Civil Judge (Sr.Dn) Bijapur.

(2.) In pursuance of 4 (1) notification dated 28.01.1997 the land bearing Sy.No.38/3A+3B measuring 7 acres 13 guntas of Bellubbi Village in Bijapur District belonging to the appellant was acquired for Upper Krishna Project by the Land Acquisition Officer who determined the market value @ Rs.1,30,338/- per acre. Dissatisfied with the market value of the land determined Land Acquisition Officer the appellant filed a petition under Section 18(2) of the Land Acquisition Act, to refer the matter to the civil Court for proper determination of the market value. Accordingly, the application was referred to the II Addl. Civil Judge (Sr.Dn) Bijapur, in LAC No.1314/1999. The learned Civil Judge upon appreciation of the evidence placed on record held that the land acquired was an irrigated land wherein sugar cane crop was being grown. The learned Civil Court by taking the yield per acre as 40 ton the price per quintal as Rs.810/- deducted 50% of the income towards cost or cultivation and by applying 10 multiplier determined the marked value at Rs.1,42,500/- per acre. The appellant/claimant being aggrieved by the determination of the market value by the II Addl. Civil Judge (Sr.Dn) Bijaupr preferred this appeal.

(3.) I have heard the learned counsel for the appellant and learned Additional Government Advocate. Having heard the submissions made by both the learned counsel and upon perusal of the entire material on record the point that would arise for my determination is;