- (1.) Aggrieved by the judgment and order dated 10th June, 2008 of the High Court of Karnataka, the Appellants as well as the Respondents before the High Court have instituted their respective appeals which are being disposed of by this common order. The brief facts that will require to be noticed are as follows: The provisions of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") were invoked by the State of Karnataka to acquire land measuring 10 acres in Survey No. 23, Sanna Somapura Village, Dharwad District of the State of Karnataka. The Notification Under Section 4 of the Act was issued on 10th August, 1992. The said Notification was followed by a declaration Under Section 6 of the Act which was made on 24th September, 1993. It appears that on 26th March, 1997 a Notification Under Section 48(1) of the Act was issued withdrawing the land from acquisition. The withdrawal notification was put to challenge by the land owners in a writ proceeding before the High Court which was, however, withdrawn. The High Court by order dated 22nd June, 1999 disposed of the said writ petition by permitting the land owners to make appropriate representation Under Section 48(2) of the Act for grant of compensation for damages. It is not in dispute that the possession of the land had since been handed over to the land owners. The compensation for damages to the land Under Section 48(2) of the Act was determined by the Land Acquisition Officer and then by the Reference Court and finally by the High Court. By the impugned order, the said compensation was assessed by the High Court at Rs. 40,42,878/- which was made payable with interest at the rate of 9% per annum with effect from 15th December, 1989 i.e. the date of taking over of possession of the land till date of payment. The High Court further directed that the claim of the land owners on account of damages to crops should be reconsidered by the learned Reference Court. Accordingly, the aforesaid aspect of the claim of the land owners was remanded for a fresh consideration by the learned Reference Court.
(2.) Aggrieved with the quantification of the compensation payable; the rate of interest and also the remand of the claim with regard to crops, the State has filed Civil Appeal No. 10551 of 2011.
(3.) Contending that the land owners are entitled to additional compensation, solatium etc. under the provisions of Section 23(1A) of the Act, the land owners have filed a separate appeal i.e. Civil Appeal No. 10552 of 2011.;