Karnataka Neeravari Nigam Ltd vs Sri Bharamu Savant Drakshe on 25 November, 2008

(By Sri. S N HA’I’TI FOR R1 & R2) Le _ e
(BY em C.S.PA’i’IL, GOVT. ADVOCATE FORKS)’ _

MFA IS 2211,39 U/s.54(1) c§§%jLA’Ac?r AGAINST 2

JUDGMENT AND AWARD DATED >19~,*11;2_eo5 wgssee

IN LAC No.25/04 ON ‘Tee FILE OP’V¥THE :’;CI’siIL’,
JUD(}E(SD) cmxom, PALRTLY ‘- .ALLOWiVN”G” e THE

REFERENCE PE’I’ITION ‘FOR.’. e * ENHANCED
COMPENSATION.

This Appeal is Eng this day,
SREEJDHAR RAQ, 3., df:Ii¥f¢r€d..t1,;e37€}1}OvJi;1g: –

of 220 days in filing the
aPP€a1 eei1’it)ned~..’V % ” L

4;S1’ie.C.PaI:_i 1′, tak es notice for the Government.

‘A and second respondents’ (claimants) lanci

purpose of construction of a canal. The t

V V’ _ LAO”‘awa rde<'i compensation at the rate of Rs.25,0{){)/~ per

The Reference Court has considered the lands as

NA potential and ganted compensation at the rate

T "c':'fTRs.11/~–, Rs.IQ/- and R315/- per sq.fi: under three

U categeries. The Karnataka Niravari Nigam Lté. {for short,

'KNNL') has filed appeal chanengjng the

wanted as excessive and aiso contend

no NA potential

2. The award of the

opinion of the panchas shoe?’ the land
ranges between per acre.

The LAO has relied of the lands
sold in the its are prim’ to the
notiiicatiert disclose that the lands
are Rs:32,000/- per acre. The

lands for the reg’st:ratioz1 of the

dry tandts of Hirekudt: village is fixeci at Rs.33,{)(}()/- per

V” ‘ . _ E fer”t§1e_ jrelevant year.

on the other hand, have

_ pro&;1eed.fi1e records ts show that the lands bearing RS

..Vti§es..t393]é, 451/1, 395/2, 394/28, 213/3, 328/1 and RS

of Hirekudi village are convexted for New

T Agriculture} purpose. The said lands adjoin the lancis in

U question. The claimants have also produced evidence ts

%/

Show that RS No.388 is converted to

purpose, house sites are formed by one

moasurizig 3Q): yr; 49’ is sold for Rs,:47;.dQ{) “: ‘

of plot No.20 dated 17.2.1999.___is 11j&;:xj’I§r:dVa:-;v”‘i:?i:;.’;f?:.V2V9i§ ‘Tins

preliminary notification in of tiis’ question
is issued in the year 1′. 309 is within the
village Iimits of on pemsal of
the ceri:ified_ discloses
that RS adjoitling Chikkodi–

Miraj H is nearer to Chikkodi than

Hirskudi: also recites that RS mass is

situ§3;§€:” about away from Hirekudi viliags and

gidjofixs – Miraj road. The lands in question are

situate Chikkodi » Miraj Road to the North-

‘ . Wes f.”

V’ n The claimants have prociuceci records to Show

lands adjoinixlg the lands in question have been

T “–«::

has no comparison to fI1€’Vi4ii”1e2;f1{“.'{S The
claimants have aiso V11{.§:t– gnaterial to silow
that in the NA {hétve been formed

and sold. Thiiivfiefetfiiice re-eed upon the

sale deed No.388 to determine_

the value.__ . “@d_T”ciec:i’ment is excluded, there is

absoluteiyrioi cfedifile to assess the market value

_ of ‘l”an.ds inV’q:_iestioi1.

‘ i3._i’ Titere is no material either Way to show

t.£;’}_3ef.t1ef”‘ i;_iiie_ converted lands do really have NA

. poteiiitialv. 615 that the conversions are manipulated in

H K V’ ‘ of the acquisition. There is absolutely no

material available on record for this Court: to

T “Ciei:ermine the just and proper compensation. The

ciaimants have aiso not let in convincing evidence to prove

%/

the market value. Only one Witness is

heavy reliance is piaced 011 Ex.P.29,

plot in RS No.388. In View of five

do not feel that it is just -to spe¢,uie.te
the market value of the qtiestiori Vtxiterests
of justice and just and
necessary that the order:’ofV is to be set
aside, the Reference Court
for fresh in accordance with
law. ifhe_ adduce further evidence
inthe it i.

V’ 6.: View the fact that a considerable

and that the parties are denies} of the

u {:o’mpef1sat_iori’,”V We direct that as an interim measure,

V -V deposit compensation at the rate of

it it ‘ Rs.,1u,5v(3,000/– per acre inclusive of the award made by the

in each case. The deposit to be made Within four

it iiviiveeks. Claimants are permitted to withdraw the amount

deposited. It is directed that the Reference;»~’x’§<§j1§!t§'

dispose of the case within three months. '_ .. '

It is claxified that the Reremo¢'%ccu1+:%1e1eea»e fie

influenced by any of me .fact1i*a1v "'obser\}afj.e;§s ':;II§.é1€1e*.

regarding the location of market
potentia}. A11 the cont-ei_ifEio'ne.

It is further of each case if
KNNL has ‘_§ie}:§asi£eE«:i Rs. 1,50,0o0/- per
acre,

allowed.

Sd/-é
Judge

Sd/-2