Arijit Pasayat, J. - (1.) Leave granted.
(2.) Challenge in these appeals is to the judgment of a Division Bench of the Karnataka High Court dismissing the appeals filed by the appellant, while allowing the appeals filed by the respondents. While the appellants had questioned the correctness of the Award made by the Reference Court in proceedings under the Land Acquisition Act, 1894 (in short the Act, the land owners i.e. respondents herein filed the appeals for enhancement of the compensation.
(3.) Background facts in a nutshell are as follows : On 15.5.1985 the Govt. of Karnataka issued a preliminary notification under Section 4 of the Act in respect of land situated in the city of Shimoga for the purpose of underground drainage scheme for the city. On 24.9.1986 the final notification under Section 6 of the Act was issued. On 9.2.1988 the Land Acquisition Officer determined compensation @ Rs.12,500 per acre. The claimants sought reference under Section 18 of the Act for determination of compensation by the Civil Court. On 29.10.2001, Civil Court enhanced the compensation to Rs.54,500/- per acre and the same was set aside by the High Court in MFA No.750 of 1999 and the matters were remanded to the Civil Court. On 31.10.2002 the Principal Judge, Senior Division, Shimoga, after remand in LAC No.10 of 1989, determined the compensation payable in respect of land in Survey No.24 measuring 5 acres 5 guntas at Rs.1,35,000/- per acre on the following findings : (a) the land was agricultural land at the time of notification; (b) P3, P4 and P5, which were the sale deeds of municipal sites in Survey No. 13 cannot be taken into consideration while determining the compensation of a larger area; (c) evidence of PW 1 was not sufficient to arrive at the compensation for the lands. It is to be noted that the learned Civil Judge permitted the production of the judgment of the High Court of Karnataka in MFA No. 348 of 1995 in respect of Survey No.77, wherein the compensation was determined at Rs. 1,60,000/- per acre and placed reliance on the said judgment on the ground that the lands are similarly situated. In this view the Civil Judge determined the compensation at Rs. 1,35,000/- per acre. Feeling aggrieved by the said order, the claimants therein preferred Misc. First Appeal before the High Court of Karnataka in MFA No. 1396 of 2003. The Principal Judge, Senior Division, Shimoga in LAC No. 8 of 1989, dealing with the land in Survey No.23 to the extent of 3 acres 20 guntas determined the compensation at Rs.1,50,000/- per acre. Feeling aggrieved by the said judgment the petitioner herein filed Misc. Appeal in MFA No. 658 of 2005 before the High Court of Karnataka. The claimant therein had filed cross objection in CROB No.211/06. State of Karnataka filed Misc. Appeal in MFA No. 1339 of 2003 before the High Court from the judgment and decree in LAC No. 10 of 1989. All the Misc. Appeals and Cross Objections were heard and disposed of by a common judgment in the High Court of Karnataka.;