MURUDESHWARA CERAMICS LTD Vs. SHANKAR VENKATESH KULKARNI

JUDGEMENT

(1.) THESE two appeals are directed against the common judgment passed by the Civil Judge (Sr. Dn.), hubli in LAC Nos. 102 and 103/86, dated 31-8-2002 filed by the beneficiary-appellant questioning the quantum of the market value determined at Rs. 5000/- per gunta for the acquired lands with other statutory benefits contending that the same is on the higher side, prayed to set aside the same and to award just compensation.

(2.) BRIEF facts are stated for the purpose of appreciating the rival legal contemtions urged in these appeals. The KIADB, the third r spondent hereinafter called the Board, got the land of the respondents acquired 8 acres 6 guntas in Sy. No. 55 of claimant in LAC No. 102/86 and 2 acres 18 guntas in Sy. No. 53,9 acres 28 guntas in Sy. No. 54 and 5 acres 27 guntas in Sy. No. 61, totally 17 acres 33 guntas of Krishnapur village of the claimant in LAC no. 103/86 by publishing notification in the karnataka Gazette under Section 29 (1) of the karnataka Industrial Area Development board Act of 1966 (hereinafter called as 'kiadb' Act in short ). That was followed by the notification dated 28-4--1983 under section 29 (2) of the KIADB published on 28-4-1983. Possession of the lands; were taken on 13-6-1983 by the KIADB, Thereafter award is passed by the second respondent special LAO awarding Rs. 15,000/- per acre treating the lands in question as agricultural lands and Rs. 40 per gunta for phot kharab land. The award passed by the Special LAO was not acceptable to the claimants and therefore they got their claim made to the Reference court namely, the Civil Judge (SD), hubli for enhancement of compensation by re-determining the market value of the acquired lands and the same were [registered in lac No. 102/86 and LAC No. 1b3/86. Statement of objections were filed by the appellant herein. Enquiry u/s. 21 of the Land Acquisition (Mysore Extension and Amendment)Act of 1961 (hereinafter called as L. A. Act)was held by the reference Court. On behalf of the claimants, 5 witnesses were examined as pw-1 to PW-5 and the documents produced were marked Exs. P1 to P43 in justification of their claim. On behalf of the beneficiary-appellant, the Spl. L. A. O. and two other witnesses were examined as RWs-1 to 3 and Exs. Rl to R7 documents were marked. On the basis of pleadings the Referenck Court formulated points for consideration and upon appreciation of material evidence brought on record, passed the judgment and awards awarding Rs. 2700/- per gunta. The aforesaid judgment and awards were challenged by the kiadb before this Court at an learlier occasion in Writ Petition Nos. 23208-209/1996 dated 06-12-1996. This Court after hearing the said writ petitions has set aside the judgment and awards and remitted the matter to the Reference Court with a direction to redetermine the market value and to award just and fair compensation in respect of the acquired lands. The appellant herein was impleaded as a party in the proceedings as respondent no. 3. Accordingly, the present judgment and awards are passed by relying upon five documents namely Exs. P9, P37, P38, P39 and P40.

(3.) (i) In respect of 34 guntas of land in Sy. No. 53 and 3 acres 30 guntas in Sy. No. 67 of ayodhya village which were acquired for the purpose of formation of house sites, the l. A. O. fixed Rs. 203/- per gunta. The State government had recommended Rs. 3800/- per gunta while Hubli Dharwar Municipal Corporation recommended Rs. 6000/- per gunta and the reference Court has determined at Rs. 4000/- per gunta. (ii) Under Exs. P 37 and P 38 the acquisition notification was dated 16-9-1979. 7 acres of non-agricultural land in City Survey No. 4807 by Hubli Dharwar Corporation of J koppa village was acquired and the Reference court has determined the market value at Rs. 6534/- per gunta. On appeal, the High court enhanced it to Rs. 10000/- per gunta. (iii) Ex. P39, Ex. P40 are in respect of 8 acres 18 guntas of agricultural land of Gokul village which is situated within the Hubli corporation limits, acquired under Notification dated 27-9-1984. The Reference Court has determined the market value at Rs. 6500/-per gunta. The same has been reduced to Rs. 5,600/- per gunta in the Miscellaneous First appeal by this Court.