EXECU TIVE ENGINEER (ELE.) Vs. MALLAWWA

JUDGEMENT

(1.) This appeal under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act', for short) has been filed by the beneficiary being aggrieved by the judgment dated 17.02.2011 passed by the reference Court by which the amount of compensation in respect of the land of the respondents was enhanced to Rs.7,91,746/- per acre.

(2.) Facts giving rise to filing of this appeal briefly stated are that respondents were the owners of land measuring 1 acre and 22 guntas of R.S.No.5/2 situated at village Rampur, District Bagalkot. The aforesaid land was required for establishing 110 k.v. sub-station by the appellant. Therefore, the proceeding under Section 4(1) of the Act were initiated and a notification under Section 4(1) of the Act was issued on 21.02.2002. The Land Acquisition Officer passed an award on 15.12.2003 by which market value of the land in question was assessed at Rs.56,400/- per acre. Being aggrieved, the respondents filed a petition under Section 18 of the Act. The reference Court by impugned judgment dated 17.02.2011 fixed the market value of the land of the respondents at Rs.7,91,746/- per acre. In the aforesaid factual background, this appeal has been filed.

(3.) Learned counsel for the appellant while inviting the attention of this Court to Para 19 of the judgment passed by the reference Court submitted that the reference court placed reliance on judgment passed in LAC No.605/2004, in which reliance was placed on judgment passed in Lok Adalath in LAC No.9/2005 and the market value of the land was determined at Rs.7,91,746/- with consent of the parties. It is further pointed out that the market value was determined without deducting any development charges with the consent of the parties and therefore, the same could not have been made the basis for determining the market value of the land of the appellant in the instant case. It is also pointed out that no evidence was adduced by the respondents to prove the market value of the land in question except the judgments passed in LAC No.605/2004 and in LAC No.616/2002.