COMMISSIONER, BIJAPUR URBAN DEVELOPMENT AUTHORITY BIJAPUR Vs. ASST COMMISSIONER CUM LAND ACQUISITION OFFICER BIJAPUR

JUDGEMENT

(1.) These two appeals were allowed in part on 14.02.2013 by this Court, which was subject matter of Special leave to appeal (Civil) No.(s)19665-19666/2013 which was disposed on 15.04.2014 while setting aside judgment dated 14.02.2013 and remanding the matter back to this High Court with a request to restore the appeal on its Board and pass appropriate orders on merits after affording reasonable opportunity of hearing to both the parties.

(2.) In terms of the orders of the Supreme court dated 15.04.2014 matter was heard.

(3.) Brief facts of the case are claimants are owners of land bearing Sy.No.1035/1A to the extent of 3 acres 0 guntas of Mahal Bhagayat at Bijapur. The Bijapur Urban Development Authority (for short 'BUDA') issued notification under Section 4(1) of the Land Acquisition Act, 1894 (for brevity Act, 1894) dated 07.10.1982. Aforesaid land was acquired for the purpose of formation of residential layout. Proposed acquisition was not opposed by the claimants. Consequently, final notification came to be issued on 23.05.1985. The Land Acquisition Officer passed an award awarding a sum of Rs.7,000/- per acre as compensation. Under protest, claimants sought for a reference under Section 18 (1) of the Act, 1894. When the reference was ordered, they approached the Civil Court under Section 18 (2) of the Act, 1894 for a direction to the authorities to make a reference, application was allowed, accordingly, reference was also made. Before the Reference Court, the claimants sought for compensation at the rate of Rs.80/- per sq.ft. on the fact that acquired land has a non-agricultural potential. The matter was contested. In support of claimants' case, first claimant was examined as PW-1 and furnished 46 documents, which were marked as Exs.P-1 to P-46. On the other hand, on behalf of BUDA, an official by name Shri Bheemaraya was examined as RW-1 and furnished 16 documents which were marked as Exs.D-1 to D-16. Reference Court, after considering the contentions of both the parties and documents and evidence determined the market value of the land acquired at Rs.9.90/- per sq.ft. while relying on Ex.P- 41. Accordingly, it has awarded a sum of Rs.4,31,244/- per acre for the acquired land with all consequential statutory benefits by its judgment and award dated 28.08.2010 passed in LAC No.157/1996.