.- " amkimndi .. _____ .. «
VEV'{By.v.Shi?}V1vegh§1va.C'. Kolekar, HCGP)
IN THE HIGH COURT OF KARNATAKA 2' ~
CIRCUIT BENCH AT DI-IARWAD _ '
DATED THIS THE 2nd DAY or sEPTEM.EER,_20::10 "
BEFORE V _
THE HON'BLE MR. JUs'r1cEa.VA:;s_E."BoPAi~i--NA, " if V
MISCELLANEOUS FIRST APPE-.AzL No-...10 176/2d010?zqLAc)
BETWEEN:
Sri. Jinnavva W /0. Paris
R/0. Zunjurwad, V H" 2..
Tq: Athani. f _ - .".Appellant
[By Sri. B.M.Ar1gadi;.0'..SVm't.j.Ratha1a'afn'a1a~G.H.,and
Mahantesh S1._VH0:_si;:1atfi.'Adx§§.} '
AND:
The sp1. L A'"e._d - V' _
Upper Klisxhna Project
Respondent
na.ia"A«;_MFA filed u/S 54(1) of LA Act, against the
'"7:A'"j1idgn:1entV=and award dated 28.02.2007', passed in LAC
_ Ni0.188~/2004 on the file of Civil Judge (Sr.Dn..}, Athani,
_ 'partly allowing the reference petition for enhanced
Vfm__"C'0rn;pensati0n and seeking further enhancement of
E .4'_'c0n--1pensati0n.
?
xi
Ix)
This appeai coming on for admission this day, the
court deiivered the following: > "
JUDGMENT
The appellant is seeking enhan’e.eIrie_11ti’ V’
compensation as against the s;L1mi”‘aWardedV:”<ine_"LAC1
No.188/2004. The Reference _Court the
value at Rs.1,90,000/~ per acre.' iand"'ioi_s'er:.i=s this
Court seeking enhancement of
2.’Hea1idiiii’ti1e.__Viearried Counsei for the parties and
perused 4′
.i The facts. are not in dispute in this appeal are
question situated in Zunjurwad viliage
“acquired for the purpose of Upper Krishna
V Projeeit. respect of the said acquisition, the land losers
M ii dissatisfied with the market value assessed by the Land
.i_éipAc’qu’isition Officer. Therefore, they had flied application
i
under Section 18(1) of the Land Acquisition Act seeking for
reference for the purpose of considering the enhancenient of
the market Value. The Reference Court after considering
rival contentions has enhanced the rr1a.r1<et~_dvai'ue to
Rs.1,90,000/– per acre. The land losers
Court contending that the said f1_Xatio'nvof therV»niar,i1§et
by the Reference Court is not apfiroipriate same is to
be enhanced further.
4. At the time of hVearing.vii_it that this Court
while ccnsideriiig s4i,,rIi«i1ar_ situation in respect of the
lands situated in being subject matter of the
notification of the year has enhanced the market value
f per acre. The said enhancement was made
reijrinig e.ar1i’er judgment passed by this Court in MFA
_No.12’«}.95._/20,36 and Connected matters. Therefore, since
:’i.vi.ii’~–the.reL_is no other material to indicate that the lands in the
_i epresent case are not similar to the lands therein and more
.:i_4″pa1″ticular1y, taking note of the fact that the Reference Court
éi
has come to the conclusion that the lands in are
irrigated sugar cane growing lands, the same mloxrketcrvalxle is
to be fixed in the instant case also. *
5. Accordingly, the judgement
by the Reference Court standsR’rn_od_iVfiedl”lloldlngvfithat the
appellants are entitled tdthe r_nlar}l;Ae’t. at Rs.2,18,000/..
per acre. They are also entitled benefits and
the costs i.ncurr_6Q1-,if1lfthie:_8199F§al. 2
In tearzne al;5’pe’a’l stands disposed of.