Asok Kumar Ganguly, J. - (1.) In these civil appeals, the dispute is primarily over the quantum of the market value of the land acquired by the Government of Karnataka (hereinafter the said Government).
(2.) Pursuant to a notification issued under Section 4(1) of the Land Acquisition Act, published in the Karnataka Gazette on 16.05.1991 an extent of 76 acres and 10 gunt as of land situated in Gadag were acquired for Karnataka Housing Board (hereinafter the Board). The Land Acquisition Officer determined the market value at Rs. 35,000/- per acre and passed an award to that effect on 5th March, 1994. Assailing the said quantum, the landowners filed a reference. The Reference Court on a detailed consideration of the matter and after examining 22 witnesses and scrutinizing about 35 documents, which were made exhibits, fixed the market value of the acquired land at Rs. 14,500/- per gunta, apart from granting other statutory benefits.
(3.) The operative portion of the order of the Reference Court is set out below: 1. Reference in L.A.C. No. 12/95 to 20/95 are accepted in part. 2. Market value in respect of the acquired lands is determined at Rs. 14,500/- per gunta. 3. The claimants are entitled to additional market value at 12% p.a. on the market value from the date of preliminary notification to the date of the award of the L. A. O. or the date of dispossession whichever is earlier. 4. The claimants are entitled to solatium at 30% on enhanced market value. 5. The claimants are entitled to the interest at 9% p.a. on the enhanced compensation from the date of dispossession for a period of one year and further interest at 15% p.a. on the enhanced compensation after expiry of above stated one year till the date of payment. 6. The original judgment is kept in L.A.C. No. 12/95 and copies are ordered to be kept in L.A.C. No. 13/95 to 20/95. (Dictated to the stenographer, typed by her, corrected by me and then pronounced in open Court) Gadag Dated. 25.01.2000 (B.M. Angadi) Civil Judge, Senior Division, Gadag. ;