Bangalore District Court
) Varadaraju vs Additional Land Acquisition on 15 March, 2016
IN THE COURT OF THE 2ND ADDITIONAL CITY CIVIL
JUDGE AT BANGALORE (COURT HALL NO.17)
Dated this the 15th day of March, 2016.
PRESENT:
PRESENT: Shri M.K. HAJAWAGOL, B.A.,LL.B.(Spl.),
II Additional City Civil and Sessions Judge
and Special Judge.
: LAND ACQUISITION CASE NO.346/2001 :
CLAIMANTS:
1) Varadaraju,
No.51, Kempegowda Layout,
Laggere, Bangalore.
2) R. Shivarudraiah,
No.49, Kempegowda Layout,
Laggere, Nandini Layout (PO),
Bangalore.
3) Nagarathnamma,
No. 68, Sy. No. 43, Kempegowda Layout,
Laggere, Bangalore.
4) Ningamma,
No. 382, House No. 73,
Kempegowda Layout,
Laggere, Nandini Layout (PO),
Bangalore.
No. 70, 5th Main,
5th Cross, Sriramapuram,
Bangalore.
5) Salamma W/o. Shivanandappa,
No. 79, Kempegowda Layout,
Laggere, Bangalore.
Cont'd..
-2- : L.A.C. No.346/2001 :
6) L. Ramanjini S/o. Muniyappa,
No. 317, Kempegowda Layout,
Laggere, Bangalore.
7) Balamma W/o. Velashari,
No. 16, Kempegowda Layout,
12th Cross, Laggere Village,
Bangalore.
8) M. Ekambaram,
No. 55/A, Kempegowda Layout,
Laggere, Bangalore.
9) Ammalu W/o. Govindaraju,
No. 326, Laggere Village,
Kempegowda Layout, Bangalore.
10) T. Chandrappa S/o. Thimmaiah,
No. 192, Kempegowda Layout,
Laggere, Bangalore.
11) V.Shanmugam
No. K-19, 4th Main Road,
L.N. Puram, Bangalore.
12) S. Thamil Salvi,
No. K-19, 4th Main Road,
L.N. Puram, Bangalore.
13) A. Kempanna,
No. 8, 5th Cross Road,
Ganesha Block,
Mahalaxmi Layout,
Bangalore.
14) B.K. Parijatha,
No. 51, 52, Kempegowda Layout,
Laggere, Bangalore.
Cont'd..
-3- : L.A.C. No.346/2001 :
15) R. Shetty,
No. 1565, Kamalanagar, Bangalore.
16) Narasimhaiah,
No. 1546, Peenya 2nd Stage,
Rajagopalanagar,
Bangalore.
17) S. Bhagya,
No. 381, Sy. No. 43, Laggere,
Kempegowda Layout,
Bangalore.
18) Muniyamma,
No. 56, Laxminarayanapura,
Yeshwanthapura Hobli,
Bangalore.
19) M. Sridevi,
No. K-19, 4th Main Road,
L.N. Puram, Bangalore.
20) P. Sarojini W/o. Vishwanath,
No. 359, 8th Cross,
3rd Stage, 4th Block,
J.C. Nagar, Basaveshwaranagar,
Bangalore.
21) Kasamma,
No. K-19, 4th Main Road,
L.N. Puram, Bangalore.
22) K.S. Selvaraj.
No. 1189/16, 14th Main,
Prakash Nagar, Bangalore.
23) T. Krishnegowda,
No. 25, 7th Cross Road,
Shakthi Ganapathi Nagar,
Basaveshwaranagar, Bangalore.
Cont'd..
-4- : L.A.C. No.346/2001 :
24) K. Rajamani,
No. 23/3, Kalappa Block,
Ramachandrapura, Bangalore.
25) R. Vijaya,
No. 43, Laggere Village,
Bangalore.
26) K. Rangaiah S/o. Kempanna (Dead),
His LRs
26(a) - Channamma W/o. Rangaiah,
75 years,
26(b) - Andanappa
S/o. K. Rangaiah, 57 years
26(c) - Hucchanna
S/o. K. Rangaiah, 54 years
All R/at: No. 96-A, Sharada Colony,
K.H.B.C.S. Layout,
4th Block, 3rd Stage,
Basaveshwaranagar,
Bangalore.
27) K. Boraiah (Dead)
His LRs
27(a) - R. Ravi Kumar
S/o. K. Boraiah. 30 years,
No. 669, 12th Cross,
5th Main, M. C. Layout,
Vijayanagar, Bangalore.
28) M. Sharadamma,
No. 264, 265, Sy. No. 43 of Laggere,
Bangalore.
Cont'd..
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29) Narasamma w/o Ramaiah
57, 2nd Cross Road,
Vinayaka Nagara
Mysore road, Bangalore.
30) S. Umesh Bangera, 452, Sy.No.478,
Laggere, Bangalore North Taluk.
31) Jayamma, 1/55, Renuka nilaya
Near Veerabhadreshwara Talkies
Kamalanagar, Bangalore.
32) M. Usha, 240, 5th cross road
K.G. Nagar, Bangalore.
33) Narayana r/o Gnanabharathi,
Mallathahalli, Munirathnappa
Compound, Bangalore.
34) V. Srinivasulu
s/o Venkataramanappa Ramkumar
Milk Ltd., TC No.88 (processing
Division), Rajaji nagar, Bangalore
35) Prabhavathi Bai,
No.271, Kumbarahalli, Bangalore
36) Sarojamma c/o Nanjamma, No.70
Mosque block, Muniyappa playa,
Bangalore
37) Savitha w/o P. Gopinath
c/o K.S. Jairaj, I.C. 103,
ISRO layout,1st main, 2nd stage
Vijayanagar, Bangalore.
38) C.N. Venkatalaxmamma, 3444/A
6th cross road, Gayathri nagar
Rajajinagar 2nd stage, Bangalore.
Cont'd..
-6- : L.A.C. No.346/2001 :
39) Babu s/o Thippanna, 27,
1st stage, 2nd cross, Bangalore.
40) Padmavathi w/o Venkatesh, 70
6th cross road, Mosque road,
Muniyappana playa, Bangalore.
41) A. Kempamma, 3846,
2nd main road, 10th cross road,
Gayathri nagar, Rajajinagar,
2nd stage, Bangalore.
42) Laxmamma, 10, B.Main road,
Shivanahalli village, Rajaji Nagar,
Bangalore.
43) Mariyamma w/o A. Shamanna
64, opp. to Rajesh Bar, Yamalur,
Bangalore.
44) G. Kuppuswamy Modaliar, No.44,
Laggere layout, Bangalore.
45) G. Chandrashekar
s/o late. Govinda Rao,
318, Sy.No.43, Laggere village,
Yashwanthapura Hobli, Bangalore.
46) Vasantha No.43, Laggere village,
Bangalore and also 198, 1st main
1st cross, Manjunatha nagar,
Rajaji nagar (Post), Bangalore.
47) G. Sridara Pandian
s/o A.C. Govindarajan, No.K.24/B
Srirama puram, Bangalore.
48) M.S. Vasudeva, 6/1, New No.40,
4th cross, Swimming pool Extension,
Malleshwaram, Bangalore.
Cont'd..
-7- : L.A.C. No.346/2001 :
49) V. Sowmya, No.78, 12th main road
Shivanagar, Rajaji nagar, Bangalore.
50) M. Muniraju, 13/1, 21st main road,
J.C. Nagar, Kurubarahally,
Bangalore.
51) B. Arjuna, 87, Kurubarahalli,
Bhuvaneshwari road, 8th main road,
Jaishree nagar, Bangalore.
52) K.S. Rathnamma, 1417/61,
2nd stage, 5th main road,
'D' block, Rajajinagar, Bangalore.
53) Vagdevi, 61, new No.40,
4th cross, Swimming pool Extension,
Malleshwaram, Bangalore.
54) Geethakrishna, 61, new No.40,
4th cross, Swimming pool Extension,
Malleshwaram, Bangalore.
55) M.V. Radhakrishna, 61, New No.40,
4th cross, Swimming pool Extension,
Malleshwaram, Bangalore.
56) G. Kodai Arasan
K-24/B, 13th Cross Road,
L. N. Pura, Sriramapuram,
Bangalore.
57) Aswathnarayana and
Saraswathamma,
No. 714, 3rd 'A' Cross,
3rd Main Road,
Prakashnagar, Bangalore.
Cont'd..
-8- : L.A.C. No.346/2001 :
58) H. B. Viswanath
S/o. H. N. Basavaraj,
C/o. Hinduja Fashions,
No. 4, Bangalore Co-op Industrial Estate,
Okalipuram, Bangalore.
59) B.K. Parijatha
W/o. B. N. Kumara Rao,
No. 52, No. 43, Kempegowda Layout,
Laggere, Bangalore.
60) Chandramma W/o. Varadaraj,
No. 160, 3rd Main, 4th Block,
Basaveshwaranagar,
West of Chord Road, J. C. Nagar,
Bangalore.
61) Shantha,
No. 108/8, 5th Cross, 16th Main,
Kurubarahalli, Bangalore.
62) Salamma,
No. 360, Kempegowda Layout,
Laggere Village, Bangalore North Tq.
63) V. Murthy
No. L-13, 8th Cross, 3rd Main,
Laxminarayanapura, Bangalore.
64) Chandra,
Settikere Village,
Chandrashekarapura Hobli,
Gubbi Tq., Tumkur Dist.
65) Lakkanna,
Laggere Village, Bangalore.
Cont'd..
-9- : L.A.C. No.346/2001 :
66) Sharadamma W/o. Chikkanna,
No. 1, Block No. 17,
Ananda Rao Circle, Police Colony,
Bangalore.
67) K. Hemantha Kumar,
No. 3437, 1st Main,
Gayathri Nagar, Bangalore.
68) Sukhdevi,
No. 3437, 1st Main,
Gayathri Nagar, Bangalore.
69) Lakkamma W/o. Venkatappa (dead)
Her LRs
69(a) - Leelavathi D/o. Lakkamma
W/o. Lashminarayana,
36 years,
69(b) - V. Shashidhar (dead)
S/o. Lakkamma, 29 years,
His LRs,
69(b-i) - Venkatalakshmi
69(b-ii) - Shashank
69(a), 69(b-i) and 69(b-ii)
R/at: No. 68, 11th Main Road,
Ramakrishnappa Layout,
Malagol II stage, Bangalore.
69(c) - Manjula D/o. Lakkamma,
32 years,
R/at: Sunkappa Reddy Building,
4th Cross, Band Box Road,
Hongasandra, Bangalore.
Cont'd..
- 10 - : L.A.C. No.346/2001 :
70) Rangamma,
No. 36, 8th Cross, 3rd Main,
L. N. Puram, Bangalore.
71) P.S. Shashikala
W/o. P. R. Srinivasa Shetti,
No. 699, 1st Floor, 1st 'E' Cross,
3rd Stage, 4th Block,
Basaveshwaranagar, Bangalore.
72) C.L. Suresh,
C/o. P. R. Srinivasa Setty,
No. 699, 1st Floor, 1st 'E' Cross,
3rd Stage, 4th Block,
Basaveshwaranagar, Bangalore.
73) S. Vijaya,
Kannamangala (via) Kodugadi,
Bangalore.
74) K.C. Raghupathi,
No. 44, K.S.C. Nilaya,
Papaiah Garden, K.H.B. Colony,
Basaweshwaranagar, Bangalore.
75) Seeman and Ravi,
Laggere Village,
Yeshwanthapura Hobli,
Bangalore North (Tq.,) Bangalore.
76) M. Devaraj,
No. 131, 24th Cross,
Behind Armada School,
J. C. Nagar, Pipe Line Road,
Kurubarahally, Bangalore.
Cont'd..
- 11 - : L.A.C. No.346/2001 :
77) Sait
Laggere Village,
Yeshwanthapura Hobli,
Bangalore North Tq.
78) M.S. Hanumaiah
No. 1, 9th Cross,
Saraswathipuram, Bangalore.
79) K.V. Raman,
No. 13, W.C.R. 3rd Stage, 2nd Block,
4th Cross, Basaveshwarnagar,
Bangalore.
80) M. Ravichandran,
S/o. Late. Sharadamma,
No. 14, 1st Floor, 1st Cross,
Pampanagar, Yeshwanthapura,
Bangalore.
81) Chandrappa,
No. 40/Y, Shivanagar, 7th Main,
2nd Cross, Bangalore.
82) Venkatesh @ Markandaiah,
No. 6, 7th Cross, 80 Feet Road,
Narasimhaswamy Layout,
Laggere Vilalge, Peenya (PO),
Bangalore.
83) Smt. Dhanalakshmi,
W/o. Late. G. Panneer Selvan,
49 years
84) Sri. G.P. Karthik,
S/o. Late. G. Panneer Selvan,
24 years,
Cont'd..
- 12 - : L.A.C. No.346/2001 :
85) Smt. G.P. Revathi,
D/o. Late. G. Panneer Selvan,
22 years,
All R/at: No. K-24, 13th Cross,
L.N. Puram, Srirampuram,
Bangalore.
(Claimant No.26 & 27 by Sri.S.R. Advocate,
Claimant No.2, 4, 8 by Sri.GRRS, Adv,
Claimant No.45 and 36 by Sri.UR. Adv,
Claimant No.48, 52, 34 by Sri.RPP, Adv)
-VERSUS-
RESPONDENTS : 1. Additional Land Acquisition
Officer, Bangalore Develop-
ment Authority, Kumara
Park West, Bangalore.
2. Commissioner, Bangalore
Development Authority,
Bangalore.
(By Sri.SGH, Advocate)
-0-
:JUDGMENT:
This is a reference under Sections 30 and 31(2) of the Land Acquisition Act.
Cont'd..
- 13 - : L.A.C. No.346/2001 :
.2. The brief facts of the case are as under:-
As per the preliminary notification dated:01-02- 1999 and final notification dated;11-03-1994, the land bearing No.43 measuring 20 acres 09 guntas of Laggere village, Yashwanthpur hobli, Bangalore North taluk was acquired to an extent of 3 acres 20 guntas. The possession of the land was taken on 04-04-2001. An award dated:07-03-2001 was passed by the Land Acquisition Officer awarding total compensation of Rs.39,99,317/- and the Compensation was determined at the rate of Rs.7,40,000-00 per acre.
.3. As per the revenue records, the names of several Khatedars and Anubhavdars were found. The owners were called upon to furnish the title by issuing an award notice under Section 12(2) of the Land Acquisition Act. Since the interested persons have not adduced evidence regarding title, therefore, the Land Acquisition Officer has referred the matter to the Civil Cont'd..
- 14 - : L.A.C. No.346/2001 :
Court for apportionment of the compensation under Sections 30 and 31(2) of the Land Acquisition Act.
.4. After receipt of the reference, this L.A.C. No. 346/2001 was registered. As many as 82 claimants are found in this case.
.5. Out of 82 claimants, some of them have appeared and some of them not filed their claim statements. In spite of paper publication the remaining Claimants have neither appeared nor contested the case. During pendency of the reference, the Claimants 83 to 85 have got impleaded and filed their claim statements.
.6. It is pertinent to note that the claim of Claimant No.36 (PW.-2) has already been decided by my learned predecessor in office vide order dated 01.09.2008. Now this court has to decide the claim of remaining claimants.
Cont'd..
- 15 - : L.A.C. No.346/2001 :
.7. In support of their claims, the Claimants No.23, 36, 09, 38, 57, 29, 80, 49, 35, 28, LRs of Claimant No.26, Claimant No.25, 05, 41, 24, 58, 81, 71, 72 and 56 have examined themselves as PWs.1 to 21 and got marked the documents at Ex.P-1 to Ex.P-136. In view of some of the documents are marked with repeat of exhibit numbers, they are rectified as Ex.P-1(a) to Ex.P-9(a) and Ex.P-100(a) to P-105(a). The remaining Claimants have not led any evidence. Obviously the Respondents have not led any evidence.
.8. Heard the arguments of both sides. Perused the written arguments filed by some of the counsels for the Claimants and the materials placed record.
.9. The following points arise for my consideration:-
1) Whether the following Claimants are entitled for apportionment of compensation to the extent mentioned against their names and ranks:
Sl.No. Name of Claimants Extent 01 PW.1 T. Krishnegowda 1 guntas Cont'd..
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(Claimant No.23)
02 PW.3 Smt. Ammulu 15 X 20 feet
(Claimant No.09)
03 PW.4 Venkatalakshmamma 60 X 40 feet
(Claimant No.38)
04 PW.5 Saraswatamma 1.1 guntas
(Claimant No.57)
05 PW.6 Narasamma 30 X 40 feet
(Claimant No.29)
06 PW.7 Ravichandran 30 x 88 feet & 30
(Claimant No.80) x 88 feet
07 PW.8 V. Soumya 30 x 45 feet
(Claimant No.49)
08 PW.9 Ramanjinulu 15 x 40 feet
Ex.P-1 to 9 (in
(Claimant No.35)
deposition
Ex.P.44 to 51)
09 PW.10 Leelavathi 60 x 91 feet
(Claimant No.69(a))
10 PW.11 Sharadamma 1.2 guntas
(Claimant No.28)
11 PW.12 Huchanna Remaining extent
out of 3 acres 20
(LR of Claimant No.26)
guntas after
(Claimant No.26(c) deducting the
extentof PWs.1, 2,
5, 7, 14, 17 and
18
12 PW.13 Vijaya 30 x 40 feet
(Claimant No.25)
13 PW.14 Shalamma 30 x 40 feet
(Claimant No.05)
Cont'd..
- 17 - : L.A.C. No.346/2001 :
14 PW.15 A. Kempanna 30 x 40 feet
(Claimant No.41
15 PW.16 K. Rajamani 30 x 40 feet
(Claimant No.24)
16 PW.17 Vishwanatha 1.1 guntas
(Claimant No.58)
17 PW.18 Chandrappa 30 x 40 feet
(Claimant No.81)
18 PW.19 P.S. Shashikala 30 x 40 feet
(Claimant No.71)
19 PW.20 P.S. Shashikala 30 x 40 feet
(SPA holder of Claimant
No.72 C.L. Suresh)
20 PW.21 Kodai Arsan 30 x 40 feet
(Claimant No.56) 30 x 40 feet
30 x 40 feet
2) What order?
.10. My findings on the above points are as under:
POINT NO.1 : Partly in Affirmative and partly in negative;
POINT NO.2 : As per final order, for the following:
Cont'd..
- 18 - : L.A.C. No.346/2001 :
: REASONS :
.11. POINT No.1 & 2 : According to the PW.-1, he has purchased the property bearing site No.69 in Sy.No. 43 of Laggere village, measuring 1 guntas within the boundaries shown therein on 23.03.1981 from one K. Boraiah and A. Rangaiah the 4th son of late. Kempanna and the said sale deed registered at Sub-registrar's office, Bangalore North Taluk and since then he has been enjoying the same by paying necessary taxes to the concerned authority. In support of his claim, he has produced the original sale deed at Ex.P-1. Even in the cross-examination by the Respondent it is admitted that he is entitled to get compensation only in respect of site No.69. On perusal of the original sale deed dated 23.03.1981 Ex.P-1 it reveals that the previous land owners of Sy.No.43 have sold out site No.69 measuring 1 guntas formed in Sy.No.43 of laggere village to PW.-1 T. Krishnegowda on 23.03.1981 under registered sale deed. There is no any rival claimant claiming site No.69 Cont'd..
- 19 - : L.A.C. No.346/2001 :
in Sy.No.43. Hence, in view of the above circumstances, I am of the opinion that the PW.-1 (Claimant No.23) is entitled for the compensation to the extent of 1 guntas as claimed by him.
.12. PW.-5 (Claimant No.57) Saraswathamma has claimed that she has purchased the land to the extent of 1.1 guntas in Sy.No.43 of Laggere village from its previous above said owners under a registered sale deed dated 17.01.1981. In this regard, she has produced original sale deed at Ex.P-8(a) and encumbrance certificate for the period from 01.04.1980 to 12.10.1999 at Ex.P-9(a). In the cross-examination by the LRs of Claimant No.26 and 27, it is not denied that their father and uncle Bobaiah and Rangaiah have executed a registered sale deed as alleged by this witness. There is no reason to disbelieve the evidence of this witness. Hence, in view of the above circumstances, I am of the opinion that PW.-5 has proved her right and title over the above said extent in Cont'd..
- 20 - : L.A.C. No.346/2001 :
Sy.No.43. Hence, she is entitled for compensation to the extent of 1.1 guntas.
.13. PW.-7 (Claimant No.80) M. Ravichandran has claimed that his mother has purchased the site No.264 and 265 in Sy.No.43 of Laggere village to the extent of 4.8 guntas on 29.05.2981 through power of attorney by its earlier above said owners and the possession was handed over to his mother on 02.06.1991 by executing affidavit. Since then they are in peaceful possession and enjoyment of the said sites. In support of this claim, he has produced special power of attorney at Ex.P-30. On perusal of the same it reveals that his father M. Muniyappa and his brothers M. Prakash and M. Krishnamurthy and M. Subramanya have executed a special power of attorney in favour of this witness to act and on behalf of him in this case. Ex.P-31 is the registered GPA in respect of site No.264 and 265 measuring 30 x 88 feet each in the acquired Sy.No.43 has been executed by its previous owners in Cont'd..
- 21 - : L.A.C. No.346/2001 :
favour of Smt. M. Sharadamma on 29.05.1981 and the said Sharadamma is none other than the mother of PW.-7 M. Ravichandran. Ex.P-32 is the registered affidavit sworn by previous owners as regarding execution of GPA in favour of Sharadamma. Ex.P-33 is the death certificate of said M. Sharadamma.
.14. In the cross-examination by the LRs of Claimant No. 26 and 27 nothing is elicited to destroy the evidence of this witness and it is the registered GPA and affidavit executed by its previous owners K. Boraiah, K. Rangaiah in respect of site No.264 and 265 in Sy.No.43 of Laggere village. Therefore, in view of the above circumstances, I am of the opinion that the PW.-7 M. Ravichandran and his father and his three brothers are together entitled for the compensation to the extent of two sites measuring 30 x 88 feet and 30 x 88 feet each.
.15. PW.-12 Huchhanna (Claimant No.26(c)) who is the son of one K. Rangaiah who is previous owner of Cont'd..
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the Sy.No.43 of Laggere village. This witness is Claimant No.26 (c). He has deposed on behalf of himself and his two brothers clam No.26(a) and 26(b) and his cousin R. Ravikumar who is son of Claimant No.27 K. Boraiah. According to this witness the land bearing Sy.No.43 measuring 29 guntas situated at Laggere village is his ancestral property and out of the said extent, the land measuring 3 acres 20 guntas has been acquired by the Respondent for the outer ring road. Under the partition deed dated 20.08.1972 his father and senior uncle were divided the land bearing Sy.No.43 and 42 among them. Thereafter, his senior uncle claim was mutated in the revenue records as khatedhars and during the lifetime of his father and his uncle, the said two survey numbers were cultivated by them jointly. Even though the said two survey numbers were partitioned, his father and his senior uncle are entitled for equal share, as such, they are i.e., Claimant No.26(a) to 26(c) together with entitled for half share and Ravikumar Claimant No.27(a) is entitled for half share. It is further Cont'd..
- 23 - : L.A.C. No.346/2001 :
deposed by this witness that his father and his uncle have jointly executed the registered sale deeds in favour of purchasers of the sites and they have not executed any GPA in favour of any person. The petitioners/Claimants who are claiming the compensation based on GPAs said to have executed by his father and uncle are not entitled for any compensation. It is further stated that the GPAs on which other Claimants are relied upon are fabricated and concocted documents created by them in order to make a false claim on the portion of the land bearing Sy.No.43. In support of claim on this witness he has produced RTC extract at Ex.P-62. It pertains to Sy.No.43 of Laggere village measuring 20 acres 9 guntas standing in the name of Claimant No.27 i.e., deceased K. Boraiah. It reveals that the said property is ancestral property of K. Boraiah. Ex.P-63 is no encumbrance certificate for the period from 01.04.1972 to 31.03.2004. It reveals that northern side half portion in Sy.No.42 and 43 was fallen to the share of K. Boraiah and Cont'd..
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southern side half portion was fallen to the share of K. Rangaiah at the time of partition. Ex.P-64 is another encumbrance certificate for the period from 01.04.1998 to 31.03.2004. It also reveals that no any further transaction was taken place in respect of Sy.No.42 and 43 of Laggere village in between the said period. Ex.P- 65 is another no encumbrance certificate. It also reveals the same fact as stated above. Ex.P-66 is the original partition deed taken place between said K.Boraiah and K. Rangaiah in respect of their joint family properties including Sy.No.42 and 43 of Laggere village. On perusal of all the above said documents, it is clear that the entire portion of acquired Sy.No.43 of Laggere village is the ancestral property of Claimant No.26 and 27 and those properties were standing in the name of Claimant No.26 and 27 on the basis of inherence and subsequently they were divided between them. The said K.Boraiah and K. Rangaiah are the sons of one Kempanna. In the cross-examination of PW.12 the ownership of Claimant No.26 and 27 is not disputed Cont'd..
- 25 - : L.A.C. No.346/2001 :
by any of the Claimants. It is also not disputed that the Claimant No.26(a) to (c) are the sons of Claimant No.26 and Claimant No.27(a) is the only son to Claimant No.27 K. Rangaiah.
.16. It is further stated that the Claimants who are claiming the compensation based on GPAs purported to have been executed by his father and the uncle are not entitled for compensation as the alleged GPAs are all fabricated and concocted documents. It is further deposed that this court may please to pass the Judgment and decree in their favour by apportioning the compensation holding that they are entitled to receive the compensation in respect of entire extent of land except the sites in respect of which the sale deeds were executed by the Claimants 26 and 27. From the evidence of PW.12 coupled with the documentary evidence at Ex.P-62 to 66, I am of the opinion that the Claimant No.26 (a) to (c) and PW.27(a) have proved their right, title and interest over the remaining extent of Cont'd..
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acquired land out of the extent sold out to PWs.1, 2, 5, 7, 14, 17 and 18 as stated above in Sy.No.43 of Laggere village, Yashavanthapur Hobli. Consequently, they are entitled for compensation to the above said extent.
.17. PW.14 (Claimant No.5) Smt. Shalamma has claimed her ownership in site No.360 in Sy.No.46 measuring 40 X 30 feet. According to this witness, she has purchased the said property through registered GPA dated 18.08.1999 executed by its owners K.Boraiah and K. Rangaiah. In support of her claim, she has produced a registered GPA at Ex.P-70. On perusal of the said document, it is registered GPA executed by K.Boraiah and K. Rangaiah both sons of late. Kempanna in favour of this witness in respect of the above said property. She has also produced the acknowledgement issued by B.D.A. at Ex.P-83, endorsement issdu3ed by Land Acquisition Officer at Ex.P-84 and the notice issued u/s.12(2) of L.A. Act at Ex.P-85. In the cross- examination except denial of the execution of registered Cont'd..
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GPA nothing is elicited to disprove the evidence of this witness. Hence, from the document at Ex.P-70, Ex.P-83 to 85 it is clear that this Claimant has proved her right, title and interest over the said property. Consequently she is entitled for compensation of the above said extent.
.18. PW.17 (Claimant No.58) Vishwanatha has also deposed that his father H.N. Basavaraj has purchased a site bearing Sy.No.52 measuring 30 x 40 feet (1.1 guntas) in Sy.No.43 of Laggere village under a registered sale deed dated 25.03.1981. He has produced certified copy of the registered sale deed at Ex.P.79. On perusal, it has been executed by previous owners of the said property in favour of his father namely H.N. Basavaraju. He has produced death certificate of his parents at Ex.P-75 and 76 respectively. Therefore, it is clear that he is the LR of deceased H.N. Basavaraju. He has produced the endorsement issued by Land Acquisition Officer in respect of the reference Cont'd..
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sent to this court at Ex.P-77, acknowledgement issued by B.D.A. at Ex.P-78, school T.C. at Ex.P-101, ration card at Ex.P-102, voter slip at Ex.P-103, family photo at Ex.P-104 and ID card at Ex.P-105. In the cross- examination though it is admitted that the site number is not mentioned in the sale deed, the extent of 1.1 guntas sold by its previous owners is mentioned in the schedule. Therefore, it cannot be said that his father has not purchased the said property from Claimants No.26 and 27. There is no any rival Claimants. From the document at Ex.P-79 coupled with the documents at Ex.P-75 to 78 and Ex.P-101 to 105, it is clear that this witness has proved his right, title and interest over the said property. Hence, he is entitled for the compensation to the extent of 1.1 guntas.
.19. PW.18 (Claimant No.81) Chandrappa @ Chandra has deposed that he has purchased the site No.26 measuring 30 x 40 feet in Sy.No.43 of Laggere Cont'd..
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village through registered GPA from its previous owners for sale consideration of Rs.1,00,000/-.
.20. In support of his claim, he has produced a registered GPA dated 27.10.1995 at Ex.P-95 which has been executed by one Siddaiah in respect of site No.26 bearing Sy.No.43 of Laggere village. It is stated in the said document that he has purchased the said property from one Smt. Sharadamma wife of Muniswamappa who purchased the same under a registered sale deed. He has also produced the GPA at Ex.P.96 said to have been executed by Smt. Sharadamma in favour of the said Siddaiah in respect of the said property. He has also produced the registered sale deed at Ex.P-97 dated 17.03.1981. As per the said document, the original owners namely K.Boraiah and K. Rangaiah have executed this sale deed in favour of Smt. Sharadamma for sale consideration of Rs.2,000/-. He has produced 2 acknowledgements issued by B.D.A. at Ex.P-98 and 99 and copy of the letter written by this Claimant to Land Cont'd..
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Acquisition Officer, B.D.A. at Ex.P-100. From the above said documents i.e., at Ex.P-95 to Ex.P.100 it is clear that this Claimant No.81 (PW.18) has proved his right, title and interest over the site No.26 measuring 30 x 40 feet in Sy.No.43 of Laggere village. Hence, this Claimant is also entitled for the compensation to the extent of his share.
.21. So far as the Claim of remaining Claimants who have adduced their evidence before this court are as under:
According to PW.3 (Claimant No.9) she has acquired the property bearing site No.326 in Sy.No.43 measuring 1.1 guntas of Laggere village through a sale agreement in the form of GPA dated 11.02.1995 from one Muniyellamma, who had purchased the same from its previous owners namely K.Boraiah and K. Rangaiah under a sale agreement, GPA and affidavit. Since then she is in peaceful possession and enjoyment of the same. In support of her claim she has produced an Cont'd..
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agreement of sale, GPA and affidavit executed by said Muniyellamma at Ex.P-11 to 13.
.22. On perusal of these documents, they are unregistered documents said to have executed before notary. She has also produced the document i.e., register demand extract at Ex.P-14, tax paid receipt at Ex.P-15 and notice u/s.12(2) of L.A. Act at Ex.P-16. In the cross-examination by the counsel for the B.D.A., it is denied that she has created all these documents with an intention to obtain the compensation deposited before this court. It is admitted that Ex.P-11 is an agreement of sale and not a sale deed. Therefore, it is clear that the said Muniyellamma has not sold the property in favour of this witness. But there is an agreement of sale and that too unregistered document. Apart from this, there is no document to show that the said Muniyellamma was an absolute owner of the said property prior to the execution of this document. When there is no such document the said Muniyellamma had Cont'd..
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no right to transfer the right/title of the said property in favour of this witness. Therefore, though the documents at Ex.P-14 and 15 i.e., demand register extract and tax paid receipt are in the name of this Claimant, they have no value in the eye of law. Hence, in view of the aforesaid circumstances, this Claimant is not entitled for compensation in respect of her extent.
.23. According to PW.-4 (Claimant No.31) C.N. Venkatalakshmamma, she has also claimed her ownership over site No.140 and 141 under GPA and affidavit dated 16.12.1987 said to have been executed by its previous owners K.Boraiah and K. Rangaiah. She has produced GPA at Ex.P-1(a) and affidavit at Ex.P- 2(a). She has produced 3 numbers of tax paid receipts at Ex.P-3(a) to 5(a) and demand registered extract at Ex.P-6(a), award notice at Ex.P-7(a). In the cross- examination by the LRs of Claimant No.26 and 27 i.e., K.Boraiah and K. Rangaiah it is suggested that Ex.P- 1(a) and 2(a) are not executed by deceased K.Boraiah Cont'd..
- 33 - : L.A.C. No.346/2001 : and K. Rangaiah and she has concocted those documents to make a claim. Even though this
suggestion is denied by this witness, the burden lies on her to prove that those documents have been executed by its owners by names K.Boraiah and K. Rangaiah. But on perusal of the GPA and affidavit, which are unregistered documents. In view of Section 54 of T.P. Act this Claimant has not acquired any right, title or interest over the said property. Even though this witness has produced the tax paid receipts and demand register extract at Ex.P-3(a) to 6(a), but they are not sufficient to hold that this witness has got right / title over the said property. Therefore, I am of the opinion that this witness has also failed to prove her right, title or interest over the said property. Consequently she is also not entitled for any compensation in respect of her alleged share.
.24. According to PW.6 Narasamma (Claimant No.29), she has claimed her ownership over site No.322 Cont'd..
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measuring 1 acre 0.01 guntas, which has been acquired through GPA and affidavit dated 19.09.1984 said to have been executed by its previous owners K.Boraiah and K. Rangaiah for valuable consideration. He has produced the documents i.e., GPA and affidavit at Ex.P- 19 and 20 which are unregistered documents. She has also produced 6 acknowledgements issued by B.D.A. at Ex.P-21 to 26 and two copies of letters submitted to B.D.A. at Ex.P-27 and 28 and the notice issued by B.D.A. at Ex.P-29. But since the documents at Ex.P-19 and 20 are unregistered documents no right, title or interest of the acquired property has passed in favour of this Claimant. Hence, she is not entitled for compensation.
.25. PW.8 Sowmya (Claimant No.49) has claimed that her grand father had acquired site No.294 measuring 1 acre 0.01 gunta who has executed the Will in her favour on 04.03.1991 in respect of the said property. She has produced the certified copy of Cont'd..
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registered Will at Ex.P-36. Before going to prove her right, she has to prove the right, title of her grand father. But the GPA and the affidavit i.e., Ex.P-34 and Ex.P-35 are unregistered documents. Therefore, those documents cannot be relied upon to establish the right and title of grand father of this witness. Except the documents at Ex.P-34 and 35 there is no document to show that her grand father has acquired the said property during his lifetime. Therefore, he had no right to transfer the said property in favour of this witness except the documents at Ex.P-34 and P-35 by registered Will Ex.P-36. Therefore this witness is also not entitled for any compensation.
.26. PW.9 Ramanjinilu (Claimant No.35) has deposed that he has acquired the site No.317 through GPA and affidavit dated 19.06.1997 executed by one B.M. Shivalingaiah who had purchased the same from its previous vendors K.Boraiah and K. Rangaiah. He has produced the documents at Ex.P-44 to 51. Ex.P-44 is certified copy of the GPA dated 24.06.1981 which is Cont'd..
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said to have been executed K.Boraiah and K. Rangaiah in favour of B.M. Shivalingaiah in respect of the said property. Ex.P-45 is the affidavit sworn by the said Shivalingaiah stating that he has sold the property in favour of Ramanjinilu i.e., this Claimant. The said affidavit was sworn before Addl. Judge, Small cause court, Bangalore. Ex.P-46 to 51 are the tax paid receipts, demand register extract, copy of letter submitted to B.D.A. and copy of sketch in respect of acquired land. There is no document to show that under registered deed this Claimant has acquired the right and title over the said site bearing No.317 in Sy.No.43 of Laggere village. Therefore, in the absence of such documents, it cannot be said that this Claimant has proved his right, title or interest over the property claimed by him. Consequently, he is also not entitled for any compensation.
.27. PW.10 Smt. Leelavathi, who is one of the LR of Claimant No.69 has claimed that Claimant No.69 Lakkamma had purchased sites No.239, 240 and 241 Cont'd..
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from one K.Boraiah and K. Rangaiah through GPA dated 03.03.1988 and since then deceased Lakkamma and her LRs were in possession of the said properties till acquisition. In support of her claim she has produced the GPA and affidavit at Ex.P-54, endorsement issued by B.D.A. at Ex.P-55, 3 acknowledgements issued by B.D.A. at Ex.P-56 to Ex.P- 58 and copies of two requisition submitted by Claimant No.69 at Ex.P-59 and Ex.P-60. In the cross- examination by the original owners i.e., LRs of Claimant No.26 and 27 it is suggested that the Claimant No.26 and 27 have not executed any document in favour of Claimant No.69 in respect of the alleged property. Even though this suggestion has been denied by this witness, she has to prove the execution of alleged GPA Ex.P-54. Admittedly that document is unregistered document and said to have executed before the notary. Except this document, there is no any registered document to show that through which right / title of the said property has been transferred in favour of Claimant Cont'd..
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No.69. Apart from this the alleged LRs of Claimant No.69 have not produced any document to show that the Claimant No.69 is dead and after her death, they are the legal heirs of deceased Lakkamma. Hence, in view of the above circumstances, the alleged LRs of Claimant No.69 are not entitled for compensation.
.28. PW.11 Sharadamma (Claimant No.28) has claimed that she is the owner and in possession of land bearing site No.190 measuring 1.2 guntas of land in Sy.No.43, till it was acquired by the Special Land Acquisition Officer. In support of her claim, she has produced sale deed dated 16.03.1981 at Ex.P-61. In the cross-examination it is admitted that the B.D.A. has not given any notice to her. In the evidence also she has not disputed that who has executed the sale deed in her favour besides this on perusal of Ex.P-61 registered sale deed dated 16.03.1981 reveals that the above said site number has been sold to one Nanjappa s/o Mantaiah from its previous owners. But this witness has not Cont'd..
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claimed her relationship with said Nanjappa. Whether the said Nanjappa is alive or not is also not disclosed by this witness. Except Ex.P-61, no document is produced to prove her right or ownership over site No.190 in Sy.No.43. Hence, in view of the above circumstances, she is not entitled for compensation.
.29. PW.13 Smt. Vijaya (Claimant No.25) has deposed that she has purchased the site bearing No.405 measuring 40 X 30 feet in sy.no.43 through registered GPA and affidavit executed by previous owners K.Boraiah and K. Rangaiah on 30.01.1990 and since then she was in actual possession and enjoyment of the same till it was acquired by the Respondent. In support of claim, she has produced GPA at Ex.P-68 and affidavit at Ex.P-69. On perusal of those documents, they are unregistered documents, said to have executed before the Notary. She has produced the copy of the application submitted to the Tahsildar and copy of Form No.2 and digital photos of the house at Ex.P-80 to 82 Cont'd..
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respectively. But in the cross-examination the original owners i.e., Claimant No.26 and 27 have disputed the execution of the said documents. Even this Claimant has produced the above said documents at Ex.P-80 to P-82 there is no document to show that right and title of the said property has been transferred to this witness under a registered deed. Merely producing unregistered GPA, it cannot be said that this Claimant has proved her right and title over the said property. Hence, in view of the above circumstances, I am of the opinion that this Claimant is not entitled for compensation.
.30. PW.15 (Claimant No.41) A. Kempanna has deposed that he has acquired the site No.388 measuring 40 x 30 feet in Sy.No.43 through GPA and affidavit dated 08.02.1990 and since then he was in possession and enjoyment of the same till it was acquired. He has produced the said GPA and affidavit at Ex.P-71 and 72.
He has also produced the digital photo of house at Ex.P- 86 and endorsement issued by B.D.A. at Ex.P-87, two Cont'd..
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acknowledgements issued by B.D.A. at Ex.P-88 and 89. On perusal of the relevant documents i.e., GPA and affidavit at Ex.P-71 and 72, they are admittedly unregistered documents said to have executed before notary. Therefore, as already stated above while discussing the evidence of other Claimants, since these documents are unregistered documents, no right or title has been transferred to this Claimant. Apart from this, the Claimant No.26 and 27 have disputed those documents in the cross-examination of this witness. Hence, unless and until the said documents are proved by this Claimant, he is not entitled for the compensation for his alleged share.
.31. PW.16 (Claimant No.24) K. Rajamani who has claimed that he has purchased site No.406 measuring 40 x 30 feet in Sy.No.43 through affidavit and GPA executed by K.Boraiah and K. Rangaiah on 30.01.1980. He has produced the documents i.e., GPA and affidavit at Ex.P-73 and 74, notice issued by B.D.A. Cont'd..
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at Ex.P-93 and notice u/s.12(2) of Land Acquisition Act at Ex.P-94. On perusal of the relevant documents i.e., GPA and affidavit at Ex.P-73 and 74, they are admittedly unregistered documents said to have executed before notary. Therefore, as already stated above while discussing the evidence of other Claimants, since these documents are unregistered documents, no right or title has been transferred to this Claimant. Apart from this, the Claimant No.26 and 27 have disputed those documents in the cross-examination of this witness. Hence, unless and until the said documents are proved by this Claimant, he is not entitled for the compensation to the alleged his share.
.32. PW.19 P.S. Shashikala (Claimant No.71) has claimed that on 27.11.1987 one K.Boraiah and K. Rangaiah have executed a GPA in her favour in respect of site No.475 in Sy.No.43 to the extent of 1.1 guntas and since then she was in actual possession and enjoyment of the same. In support of her contention, Cont'd..
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she has produced GPA at Ex.P-101(a) and affidavit at Ex.P-102(a). She has produced tax paid receipt at Ex.P- 103(a) and the demand register extract at Ex.P-104(a), copy of the application submitted to the B.D.A. at Ex.P- 105(a) and acknowledgement of B.D.A. at Ex.P-106. But on perusal of the relevant documents i.e., Ex.P- 101(a) and Ex.P-102(a), they are also unregistered documents said to have executed before Notary. In the cross-examination by the counsel for the PWs.26 and 27 they have denied those documents executed by previous owners K.Boraiah and K. Rangaiah. In the absence of proof of execution of those documents, it cannot be said that the right and title of the said sites has been transferred in favour of this witness. Even though this Claimant has produced other subsequent documents at Ex.P-103(a) to Ex.P-105(a) and Ex.P-106, those documents will not help to establish the right and title of this Claimant. Hence, in the above circumstance, I am of the opinion that this Claimant is not entitled for any compensation in respect of the said site.
Cont'd..
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.33. PW.20 P.S. Shashikala (Claimant No.72) who is Special power of attorney holder and elder sister of Claimant No.72 C.L. Suresha. According to this witness, she is GPA holder of K.Boraiah and K. Rangaiah and they have executed a GPA in her favour in respect of site No.453 to the extent of 1.1 guntas and since then she was in possession and enjoyment of the same property till it was acquired by the Respondent. In support of her claim, she has produced the GPA at Ex.P-107. But on perusal of the said GPA, it is not executed by K.Boraiah and K. Rangaiah. On the other hand, it is executed by her brother C.L. Suresha i.e., Claimant No.72. She has produced another GPA and affidavit of the said K.Boraiah and K. Rangaiah at Ex.P- 108 and P-109. On perusal of those documents it reveals that they have executed the said documents in favour of C.L. Suresha i.e., Claimant No.72 in respect of site No.43. But this witness in her evidence has not whispered anything about execution of GPA and affidavit by its previous owners in favour of C.L. Cont'd..
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Suresha. On the other hand, she has claimed that she is the owner and in possession of the same. The whole evidence of this witness is contrary to the documents produced by her. However looking to the GPA and affidavit said to have been executed by K.Boraiah and K. Rangaiah as per Ex.P-108 and P-109 those documents are unregistered documents. Therefore, on the basis of those documents it cannot be said that the Claimant No.72 has established his right and title over site No.453 in Sy.No.43 of Laggere village. In the cross-
examination by the Claimant No.26 and 27 the said documents are disputed and they have denied the execution of those documents by its previous owners K.Boraiah and K. Rangaiah. Hence, in view of the above circumstances, I am of the opinion that the Claimant No.72 has failed to prove his right and title over the said site through GPA at Ex.P-20. Hence, she is not entitled for compensation in respect of site No.453 in Sy.No.43.
Cont'd..
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.34. PW.21 Kodai Arasan (Claimant No.56) and also GPA holder of Claimants 47, 83 to 85 who has deposed in his evidence that the Claimant No.47 is his younger brother and Claimant No.83 to 85 are the wife, son and daughter of late. Paneer Selvam, who was one of his younger brother. That the Claimant No.83 to 85 have succeeded to the estate of Paneer Selvam. It is further deposed that himself and his two younger brothers have purchased three portions of site no.s.12 to 13 measuring 30 x 40 feet each from its previous owners K.Boraiah and K. Rangaiah represented by registered GPA holder Smt. Kamala Bai, who in turn has executed a registered GPA, sale agreement in their favour on 16.12.1981. Since from the date of purchase of those properties, they were in peaceful possession and enjoyment of the same till it was acquired. Therefore, himself and the Claimant No.47, 83 to 85 are entitled for compensation. In support of his contention, he has produced the GPAs at Ex.P-112 and P-113 said to have executed by Claimant No.47 and Claimant Cont'd..
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registered GPA at Ex.P-114. On perusal of the said document, it has been executed in favour of one Smt. Kamala Bai in respect of the property measuring East to West -120 feet and North to South 40 feet situated within the boundaries shown therein in Sy.No.43 of Laggere village. He has also produced three affidavits sworn by the said Smt. Kamala Bai at Ex.P-115 to P- 117 wherein it is sworn that the said Smt. Kamala Bai has sold out the properties shown therein in favour of the present Claimant No.56 Paneer Selvam and G. Sundara Pandian (Claimant No47). He has also produced the sale agreement at Ex.P-118. It shows that they have agreed to sell the site No.12 to 15 in favour of Smt. Kamala Bai. Ex.P-119 is GPA executed by the said Smt. Kamala Bai in favour of Paneer Selvam in respect of site No.13 of Sy.No.43. Ex.P-120 is another sale agreement executed by the said Smt. Kamala Bai who is GPA holder of K.Boraiah and K. Rangaiah in favour of Kodai Arasan i.e., Claimant No.56 in respect of site Cont'd..
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No.12. Ex.P-121 is GPA executed by the said Smt. Kamala Bai in favour of Claimant No.56 Kodai Arasan in respect of site No.12. Ex.P-122 is another sale agreement executed by the said Smt. Kamala Bai in the capacity of GPA of K.Boraiah and K. Rangaiah in favour of G. Sundar Pandian in respect of site No.14. Ex.P-123 is another GPA said to have been executed by Smt. Kamala Bai in favour of G. Sundar Pandian in site No.14. Ex.P-124 is the notice issued by B.D.A. Ex.P- 125 is an endorsement issued by B.D.A. Ex.P-126 is notice u/s.12(2) of Land Acquisition Act. Ex.P-127 is the copy of application submitted to the B.D.A. by Claimant No.56. Ex.P-128 is the acknowledgement. Ex.P-129 is another endorsement issued by B.D.A. Ex.P-130 is another notice u/s.12(2) of Land Acquisition Act. Ex.P-131 is the copy of application submitted to the B.D.A. by the Claimant No.56. Ex.P-132 is acknowledgement. Ex.P-133 is copy of an application submitted to the Land Acquisition Officer by the Claimant No.56. Ex.P-134 is the acknowledgement.
Cont'd..
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Ex.P-135 is copy of another application submitted by G. Sundara Pandian. Ex.P-136 is acknowledgement. On going through the above said documents, it is clear that except Ex.P-114 i.e., registered GPA, all the remaining documents are unregistered documents. The said GPA has been executed by K.Boraiah and K. Rangaiah i.e., previous owners in favour of the said Smt. Kamala Bai. But the said Smt. Kamala Bai has not executed any registered GPA or registered sale agreement in favour of Claimant Nos.56, 47 and one Paneer Selvam husband of Claimant No.83 and father of Claimant No.84 and 85. Even the said Smt. Kamala Bai is not shown as one of the Claimants in this reference. Merely on the basis of the unregistered documents said to have executed by Smt. Kamala Bai in favour of these Claimants it cannot be said that these Claimants have got right and title over the site No.12 to 14 in Sy.No.43. Hence, the Claimants 56, 47 and 83 to 85 are not entitled for compensation.
Cont'd..
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.35. So far as unregistered documents produced by the above said Claimants, it is appropriate to refer a decision reported in 2004 KCCR 2525 (DB) Karnataka High Court, (Smt. Rajamma Vs. Smt. Munigiddamma wherein it is held that:
"Held: In the light of provisions of Section 54 of the Transfer of property Act no right did pass on to the property whether it is the subject matter of agreement to sell or subject matter of power of attorney. But even if interest is to be transferred or created in the property by a power of attorney then the transferring an interest in the property, the powe5r of attorney would require its registration, if interest in the property valuing more than Rs.100/- is conferred or given"
Admittedly, the GPAs and agreements of sale produced by PWs.3, 4, 6, 8, 9, 10, 11, 13, 15, 16, 19, 20 and 21 are unregistered documents executed for the properties valuing more than Rs.100/-. Therefore, in Cont'd..
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the light of the decision cited supra and in view of the observations made above, I am of the opinion that the above said Claimants are not entitled for any compensation as claimed by them. Hence, I answer the above point No.1 partly in the Affirmative and partly in the Negative.
36. POINT NO.2 : In view of my findings on point No.1 and for the reasons stated above, I proceed to pass the following:
: ORDER :
The reference under Sections 30 and 31(2) of the Land Acquisition Act, is herein partly allowed.
The PW.-1 T. Krishnegowda (claimant No.23) is entitled for the compensation amount to the extent of 1 gunta, PW.-5 Smt. Saraswathamma (claimant No.57) is entitled for the compensation amount to the extent of 1.1 guntas, PW.-7 M. Ravi Chandran Cont'd..
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(claimant No.80) and his 3 brothers and their father together are entitled for the compensation amount to the extent of 30 x 88 feet and 30 x 88 feet respectively, LRs of Claimant No.26 and 27 i.e., PW.-12 (Claimant No.26(c) Huchhanna and Claimant No.26(a) and 26(b) and Claimant No.27(a) are together entitled for the compensation amount to the remaining entire extent after deducting the extent of PWs.1, 2, 5, 7, 14, 17 and 18 respectively out of acquired land measuring 3 acres 20 guntas, PW.-14 Smt. Shalamma (claimant No.5) is entitled for the compensation amount to the extent of 30 x 40 feet, PW.-17 Sri.Vishwanatha (claimant No.58) is entitled for the compensation amount to the extent of 1.1 guntas, PW.-18 Chandrappa @ Chandra (claimant No.81) is entitled for the compensation amount to the extent of 30 x 40 feet in the Cont'd..
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acquired Survey No.43 of Laggere village, Yashwanthpur Hobli, Bangalore North Taluk.
The above said claimants are entitled for all statutory benefits.
The above said claimants are entitled for interest on the award amount from the date of taking possession at 9 per cent per annum for a period of one year.
After expiry of one year, the claimants are entitled for interest on the award amount at the rate of 15 per cent per annum till the amount is deposited in the Court.
That the above Claimants shall execute an indemnity bond to the extent of the Compensation amount to which they are entitled to, together with a surety in like sum.
The claim of PW.-3 Smt. Ammulu (Claimant No.9), PW.-4 Cont'd..
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Sri. C.N. Venkatalakshmamma
(Claimant No.31), PW.-6
Narasamma (Claimant No.29),
PW.-8 Sowmya (Claimant No.49), PW.-9 Ramanjinilu (Claimant No.35), PW.-10 Smt. Leelavathi (LRs of Claimant No.69), PW.-11 Smt. Sharadamma (Claimant No.28), PW.-13 Smt. Vijaya (Claimant No.25), PW.-15 Smt. A. Kempamma (Claimant No.41), PW.-16 Rajamani (Claimant No.24), PW.-19 Smt. P.S. Shashikala (Claimant No.71), PW.-20 Smt. P.S. Shashikala (Claimant No.72), PW.-21 Sri. Kodai Arasan (Claimant No.53) is hereby rejected.
Draw award accordingly.
(Dictated to the Judgment Writer, transcribed by him, revised by me and after corrections, pronounced in open Court on this the 15th day of March, 2016.) (M.K. HAJAWAGOL), 2nd Additional City Civil Judge,-
Bangalore.
Cont'd..
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: ANNEXURE :
1. WITNESSES EXAMINED FOR CLAIMANTS:
P.W.1 : T. Krishnegowda
P.W.2 : Sarojamma
P.W.3 : Ammulu
P.W.4 : C.N. Venkatalakshmamma
P.W.5 : Saraswathamma
P.W.6 : Narasamma
P.W.7 : M. Ravichandran
P.W.8 : Sowmya V
P.W.9 : Ramanjinilu
P.W.10 : Leelavathi
P.W.11 : Sharadamma
P.W.12 : Hucchanna
P.W.13 : Vijaya
P.W.14 : Shalamma
P.W.15 : A. Kempamma
P.W.16 : K. Rajamani
P.W.17 : Vishwanatha
P.W.18 : Chandrappa
Cont'd..
- 56 - : L.A.C. No.346/2001 :
P.W.19 : P.S. Shashikala
P.W.20 : P.S. Shashikala
P.W.21 : Kodai Arasan
2. DOCUMENTS MARKED FOR THE CLAIMANTS:
Ex.P. 1 : Original sale deed dated 23.03.1981 Ex.P.1(a) : Original GPA dated 16.12.1987 Ex.P. 2 : Original sale deed dated 23.03.1981 Ex.P. 2(a) : Affidavit Ex.P. 3 to 5 :Tax paid receipts house bearing No. 308 Ex.P. 3(a) to 5(a) :Tax paid receipts Ex.P. 6 : Demand register extract. Ex.P. 6(a) : Demand register extract. Ex.P. 7 : BDA notice u/s.12(2) of L.A. Act dated 26-03- 2001 Ex.P. 7(a) : Award notice Ex.P. 8 : Endorsement issued by B.D.A. dt.14.12.2001 Ex.P. 8(a) : Original sale deed dt.17.01.1981 Ex.P. 9 : Acknowledgement Ex.P. 9(a) : E.C. from 1.4.80 to 12.10.1999 Cont'd..
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Ex.P. 10 : Acknowledgement issued by B.D.A. Ex.P. 11 : Original agreement of sale dt.11.2.95 Ex.P. 12 : GPA Ex.P. 13 : Affidavit Ex.P. 14 : Demand register extract Ex.P. 15 : House tax receipt Ex.P. 16 : BDA notice u/s.12(2) of L.A. Act Ex.P. 17 : Jumped Ex.P. 18 : GPA dt.19.09.1984 Ex.P. 19 : Affidavit Ex.P. 20 & 21 : Acknowledgements Ex.P. 22 : Notice issued by BDA Ex.P. 23 : Notice issued by B.D.A. Ex.P. 24 : Endorsement Ex.P. 25 : Acknowledgement Ex.P. 26 : Copy of application submitted to B.D.A. Ex.P. 27 : Copy of the application submitted to B.D.A. Ex.P. 28 : B.D.A. notice u/s.12(2) of L.A. Act Ex.P. 29 :Jumped Ex.P. 30 : SPA dt.22.04.2001 Cont'd..
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Ex.P. 31 : Registered GPA dt. 29.05.1981 Ex.P. 32 : Affidavit dated 03-06-1981 Ex.P. 33 : Xerox copy of death certificate of PW-7's mother Ex.P. 34 : GPA dated 16-10-1987 Ex.P. 35 : Affidavit dated 16-10-1987 Ex.P. 36 : certified copy of Registered will dt. 14-03-1991 Ex.P. 37 : Death certificate of PW-8's mother Ex.P. 38 to 40 : Three acknowledgements of BDA Ex.P. 41 : BDA Notice u/s.12(2) of L.A. Act Ex.P. 42 : BDA Notice dt. 26-3-2001 u/s.12(2) of LA Act Ex.P. 43 : Copy of SSLC marks card Ex.P. 44 : Certified copy of registered GPA dt. 24-06-1981 Ex.P. 45 : GPA and affidavit Ex.P. 46 to 48 : Three tax paid receipts. Ex.P. 49 : House tax Ex.P. 50 : Copy of letter given to BDA Ex.P. 51 : BDA plan Ex.P. 52 : endorsement Ex.P. 53 : BDA notice u/s.12(2) of L.A. Act Ex.P. 54 :GPA dated 03-03-1988 and affidavit Cont'd..
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Ex.P. 55 : Endorsement Ex.P. 56-58 : 3 acknowledgements Ex.P.59-60 :Copies of 2 requisition submitted by Claimant No.69 Ex.P. 61 : Sale deed dated 16-03-1981 Ex.P. 62 : RTC Ex.P. 63 : Certified copy of Form No. 15 Ex.P. 64 : E.C. Ex.P. 65 : E.C. Ex.P. 66 : Copy of partition list (registered palu patti) Ex.P. 67 : (Jumped) Ex.P. 68 : GPA dated 30-01-1990 Ex.P. 69 : Affidavit Ex.P. 70 : Registered GPA dated 17-08-1999 Ex.P. 71 : GPA dated 08.02.1990 Ex.P. 72 : Affidavit Ex.P. 73 : GPA dated 30-01-1990 Ex.P. 74 : Affidavit Ex.P. 75 : Death certificate of PW-17's father Ex.P. 76 : Death certificate of PW-17's mother Ex.P. 77 : Endorsement of Spl. LAO dated 10-12-2001 Cont'd..
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Ex.P. 78 : BDA acknowledgement Ex.P. 79 : Certified copy of sale deed dated 25-03-1981 Ex.P. 80 : Copy of Application form Ex.P. 81 : Copy of Application form Ex.P. 82 : Digital photo of house Ex.P. 83 : BDA acknowledgement dated 20-10-1990 Ex.P. 84 : Endorsement of Special LAO dated 10-12-2001 Ex.P. 85 : Notice of LAO u/s.12(2) of LA Act dt 26-3-2001 Ex.P. 86 : Digital photo of house Ex.P. 87 : BDA endorsement dated. 10.12.2001 Ex.P. 88 : BDA acknowledgement Ex.P. 89 : BDA acknowledgement Ex.P. 90 : Digital photo of house Ex.P. 91 : BDA endorsement Ex.P. 92 : BDA acknowledgement Ex.P. 93 : Award notice u/s.12(2) of L.A. Act Ex.P. 94 : Award notice u/s. 12(2) of L.A. Act Ex.P. 95 : Registered GPA dated 27-10-1990 Ex.P. 96 : Registered GPA dated 13-04-1995 Cont'd..
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Ex.P. 97 : Registered sale deed dated 17-03-1981 Ex.P. 98 : B.D.A. Acknowledgement dated 15.05.2001 Ex.P. 99 : BDA acknowledgement dated 15-05-2001 Ex.P. 100 : Application Ex.P. 101 : T.C. of PW-17 Ex.P. 102 : Ration card Ex.P. 103 : Voter slip Ex.P. 104 : Family photo Ex.P. 105 : ESI card Ex.P. 106 : BDA acknowledgement Ex.P. 107 : SPA Ex.P. 108 : Boraiah and Rangaiah given the GPA to PW-20 dated.18.02.1988 Ex.P. 109 : Boraiah and Rangaiah given the affidavit to PW-20 Ex.P.110 :Copy of application submitted to B.D.A. dt.28.5.2001 Ex.P. 111 : BDA acknowledgement Ex.P. 112 : GPA dated 03-08-2009 executed by Claimant No.47 Ex.P. 113 : GPA dated 03-08-2009 executed by Claimant No.83 to 85 Ex.P. 114 : Boraiah and Rangaiah given the GPA to Smt. Kamala Bai Cont'd..
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Ex.P. 115 : Boraiah and Rangaiah given the affidavit to Smt. Kamala Bai Ex.P. 116 : Boraiah and Rangaiah given the affidavit to Smt. Kamala Bai Ex.P. 117 : Boraiah and Rangaiah given the affidavit to Smt. Kamala Bai Ex.P. 118 : Kamala Bai given the sale agreement dated 16-04-1990 to Panneer Selvam Ex.P. 119 : Kamala Bai given the GPA dated 16-04-1990 to Panneer Selvam Ex.P. 120 : Kamala Bai given the sale agreement dated 16-04-1990 to Kodiarasan Ex.P. 121 : Kamala Bai given the GPA dated 16-04-1990 to Kodiarasan Ex.P. 122 : Kamala Bai given the sale agreement dated 16-04-1990 to Sundar Pande Ex.P. 123 : Kamala Bai given the GPA dated 16-04-1990 to Sundar Pande Ex.P. 124 : BDA notice dated 12-10-1999 Ex.P. 125 : BDA endorsement dated 10-12-2001 Ex.P. 126 : Award notice u/s.12(2) of LA Act dt. 26-3-2001 Ex.P. 127 : Copy of application submitted to BDA, 14-05-2001 Ex.P. 128 : BDA acknowledgement dated 25-05-2001 Cont'd..
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Ex.P. 129 : BDA endorsement dated 10-12-2001 Ex.P. 130 : Award notice u/s.12(2) of L.A. Act dated 26-03-2001 Ex.P. 131 : Copy of application submitted to BDA, Dated 04-04-2001 Ex.P. 132 : BDA acknowledgement dated 04-04-2001 Ex.P. 133 : Copy of application submitted to BDA, Dated 07-09-1999 Ex.P. 134 : BDA acknowledgement dated 14-07-1999 Ex.P. 135 : Copy of application submitted to BDA, Dated 14-07-1999 Ex.P. 136 : BDA acknowledgement dated 14-07-1999
3. WITNESSES EXAMINED FOR THE RESPONDENT:
Nil
4. DOCUMENTS MARKED FOR RESPONDENT:
Nil (M.K. HAJAWAGOL) 2nd Additional City Civil Judge, Bangalore.
Cont'd..
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15.03.2016 Judgment pronounced in open court vide separate judgment.
ORDER The reference under Sections 30 and 31(2) of the Land Acquisition Act, is herein partly allowed.
The PW.-1 T. Krishnegowda (claimant No.23) is entitled for the compensation amount to the extent of 1 gunta, PW.-5 Smt. Saraswathamma (claimant No.57) is entitled for the compensation amount to the extent of 1.1 guntas, PW.-7 M. Ravi Chandran (claimant No.80) and his 3 brothers and their father together are entitled for the compensation amount to the extent of 30 x 88 feet and 30 x 88 feet respectively, LRs of Claimant No.26 and 27 i.e., PW.-
12 (Claimant No.26(c)
Huchhanna and Claimant
No.26(a) and 26(b) and Claimant No.27(a) are together entitled for the compensation amount to the remaining entire extent after deducting the extent of PWs.1, 2, 5, 7, 14, 17 and 18 respectively out of acquired land measuring 3 acres 20 guntas, PW.-14 Smt. Shalamma (claimant No.5) is entitled for the compensation amount to the extent of 30 x 40 feet, PW.-17 Sri.Vishwanatha Cont'd..
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(claimant No.58) is entitled for the compensation amount to the extent of 1.1 guntas, PW.-18 Chandrappa @ Chandra (claimant No.81) is entitled for the compensation amount to the extent of 30 x 40 feet in the acquired Survey No.43 of Laggere village, Yashwanthpur Hobli, Bangalore North Taluk.
The above said claimants are entitled for all statutory benefits.
The above said claimants are entitled for interest on the award amount from the date of taking possession at 9 per cent per annum for a period of one year.
After expiry of one year, the claimants are entitled for interest on the award amount at the rate of 15 per cent per annum till the amount is deposited in the Court.
That the above Claimants shall execute an indemnity bond to the extent of the Compensation amount to which they are entitled to, together with a surety in like sum.
The claim of PW.-3 Smt. Ammulu (Claimant No.9), PW.-4 Sri. C.N. Venkatalakshmamma (Claimant No.31), PW.-6 Narasamma (Claimant No.29), PW.-8 Sowmya (Claimant No.49), Cont'd..
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PW.-9 Ramanjinilu (Claimant No.35), PW.-10 Smt. Leelavathi (LRs of Claimant No.69), PW.-11 Smt. Sharadamma (Claimant No.28), PW.-13 Smt. Vijaya (Claimant No.25), PW.-15 Smt. A. Kempamma (Claimant No.41), PW.-16 Rajamani (Claimant No.24), PW.-19 Smt. P.S. Shashikala (Claimant No.71), PW.-20 Smt. P.S. Shashikala (Claimant No.72), PW.-21 Sri. Kodai Arasan (Claimant No.53) is hereby rejected.
Draw award accordingly.
(M.K. HAJAWAGOL) II Addl.C.C.J.& S.J., Cont'd..
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LIST OF EXHIBITS Ex.P. 1 : Original sale deed dated 23.03.1981 Ex.P.1(a) : Original GPA dated 16.12.1987 Ex.P. 2 : Original sale deed dated 23.03.1981 Ex.P. 2(a) : Affidavit Ex.P. 3 to 5 :Tax paid receipts house bearing No. 308 Ex.P. 3(a) to 5(a) :Tax paid receipts Ex.P. 6 : Demand register extract. Ex.P. 6(a) : Demand register extract. Ex.P. 7 : BDA notice u/s.12(2) of L.A. Act dated 26-03- 2001 Ex.P. 7(a) : Award notice Ex.P. 8 : Endorsement issued by B.D.A. dt.14.12.2001 Ex.P. 8(a) : Original sale deed dt.17.01.1981 Ex.P. 9 : Acknowledgement Ex.P. 9(a) : E.C. from 1.4.80 to 12.10.1999 Ex.P. 10 : Acknowledgement issued by B.D.A. Ex.P. 11 : Original agreement of sale dt.11.2.95 Cont'd..
- 68 - : L.A.C. No.346/2001 :
Ex.P. 12 : GPA Ex.P. 13 : Affidavit Ex.P. 14 : Demand register extract Ex.P. 15 : House tax receipt Ex.P. 16 : BDA notice u/s.12(2) of L.A. Act Ex.P. 17 : Jumped Ex.P. 18 : GPA dt.19.09.1984 Ex.P. 19 : Affidavit Ex.P. 20 & 21 : Acknowledgements Ex.P. 22 : Notice issued by BDA Ex.P. 23 : Notice issued by B.D.A. Ex.P. 24 : Endorsement Ex.P. 25 : Acknowledgement Ex.P. 26 : Copy of application submitted to B.D.A. Ex.P. 27 : Copy of the application submitted to B.D.A. Ex.P. 28 : B.D.A. notice u/s.12(2) of L.A. Act Ex.P. 29 :Jumped Ex.P. 30 : SPA dt.22.04.2001 Ex.P. 31 : Registered GPA dt. 29.05.1981 Ex.P. 32 : Affidavit dated 03-06-1981 Cont'd..
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Ex.P. 33 : Xerox copy of death certificate of PW-7's mother Ex.P. 34 : GPA dated 16-10-1987 Ex.P. 35 : Affidavit dated 16-10-1987 Ex.P. 36 : certified copy of Registered will dt. 14-03-1991 Ex.P. 37 : Death certificate of PW-8's mother Ex.P. 38 to 40 : Three acknowledgements of BDA Ex.P. 41 : BDA Notice u/s.12(2) of L.A. Act Ex.P. 42 : BDA Notice dt. 26-3-2001 u/s.12(2) of LA Act Ex.P. 43 : Copy of SSLC marks card Ex.P. 44 : Certified copy of registered GPA dt. 24-06-1981 Ex.P. 45 : GPA and affidavit Ex.P. 46 to 48 : Three tax paid receipts. Ex.P. 49 : House tax Ex.P. 50 : Copy of letter given to BDA Ex.P. 51 : BDA plan Ex.P. 52 : endorsement Ex.P. 53 : BDA notice u/s.12(2) of L.A. Act Ex.P. 54 :GPA dated 03-03-1988 and affidavit Ex.P. 55 : Endorsement Ex.P. 56-58 : 3 acknowledgements Cont'd..
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Ex.P.59-60 :Copies of 2 requisition submitted by Claimant No.69 Ex.P. 61 : Sale deed dated 16-03-1981 Ex.P. 62 : RTC Ex.P. 63 : Certified copy of Form No. 15 Ex.P. 64 : E.C. Ex.P. 65 : E.C. Ex.P. 66 : Copy of partition list (registered palu patti) Ex.P. 67 : (Jumped) Ex.P. 68 : GPA dated 30-01-1990 Ex.P. 69 : Affidavit Ex.P. 70 : Registered GPA dated 17-08-1999 Ex.P. 71 : GPA dated 08.02.1990 Ex.P. 72 : Affidavit Ex.P. 73 : GPA dated 30-01-1990 Ex.P. 74 : Affidavit Ex.P. 75 : Death certificate of PW-17's father Ex.P. 76 : Death certificate of PW-17's mother Ex.P. 77 : Endorsement of Spl. LAO dated 10-12-2001 Ex.P. 78 : BDA acknowledgement Cont'd..
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Ex.P. 79 : Certified copy of sale deed dated 25-03-1981 Ex.P. 80 : Copy of Application form Ex.P. 81 : Copy of Application form Ex.P. 82 : Digital photo of house Ex.P. 83 : BDA acknowledgement dated 20-10-1990 Ex.P. 84 : Endorsement of Special LAO dated 10-12-2001 Ex.P. 85 : Notice of LAO u/s.12(2) of LA Act dt 26-3-2001 Ex.P. 86 : Digital photo of house Ex.P. 87 : BDA endorsement dated. 10.12.2001 Ex.P. 88 : BDA acknowledgement Ex.P. 89 : BDA acknowledgement Ex.P. 90 : Digital photo of house Ex.P. 91 : BDA endorsement Ex.P. 92 : BDA acknowledgement Ex.P. 93 : Award notice u/s.12(2) of L.A. Act Ex.P. 94 : Award notice u/s. 12(2) of L.A. Act Ex.P. 95 : Registered GPA dated 27-10-1990 Ex.P. 96 : Registered GPA dated 13-04-1995 Ex.P. 97 : Registered sale deed dated 17-03-1981 Ex.P. 98 : B.D.A. Acknowledgement dated 15.05.2001 Cont'd..
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Ex.P. 99 : BDA acknowledgement dated 15-05-2001 Ex.P. 100 : Application Ex.P. 101 : T.C. of PW-17 Ex.P. 102 : Ration card Ex.P. 103 : Voter slip Ex.P. 104 : Family photo Ex.P. 105 : ESI card Ex.P. 106 : BDA acknowledgement Ex.P. 107 : SPA Ex.P. 108 : Boraiah and Rangaiah given the GPA to PW-20 dated.18.02.1988 Ex.P. 109 : Boraiah and Rangaiah given the affidavit to PW-20 Ex.P.110 :Copy of application submitted to B.D.A. dt.28.5.2001 Ex.P. 111 : BDA acknowledgement Ex.P. 112 : GPA dated 03-08-2009 executed by Claimant No.47 Ex.P. 113 : GPA dated 03-08-2009 executed by Claimant No.83 to 85 Ex.P. 114 : Boraiah and Rangaiah given the GPA to Smt. Kamala Bai Ex.P. 115 : Boraiah and Rangaiah given the affidavit to Smt. Kamala Bai Cont'd..
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Ex.P. 116 : Boraiah and Rangaiah given the affidavit to Smt. Kamala Bai Ex.P. 117 : Boraiah and Rangaiah given the affidavit to Smt. Kamala Bai Ex.P. 118 : Kamala Bai given the sale agreement dated 16-04-1990 to Panneer Selvam Ex.P. 119 : Kamala Bai given the GPA dated 16-04-1990 to Panneer Selvam Ex.P. 120 : Kamala Bai given the sale agreement dated 16-04-1990 to Kodiarasan Ex.P. 121 : Kamala Bai given the GPA dated 16-04-1990 to Kodiarasan Ex.P. 122 : Kamala Bai given the sale agreement dated 16-04-1990 to Sundar Pande Ex.P. 123 : Kamala Bai given the GPA dated 16-04-1990 to Sundar Pande Ex.P. 124 : BDA notice dated 12-10-1999 Ex.P. 125 : BDA endorsement dated 10-12-2001 Ex.P. 126 : Award notice u/s.12(2) of LA Act dt. 26-3-2001 Ex.P. 127 : Copy of application submitted to BDA, 14-05-2001 Ex.P. 128 : BDA acknowledgement dated 25-05-2001 Ex.P. 129 : BDA endorsement dated 10-12-2001 Ex.P. 130 : Award notice u/s.12(2) of L.A. Act Cont'd..
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dated 26-03-2001
Ex.P. 131 : Copy of application submitted to BDA, Dated 04-04-2001 Ex.P. 132 : BDA acknowledgement dated 04-04-2001 Ex.P. 133 : Copy of application submitted to BDA, Dated 07-09-1999 Ex.P. 134 : BDA acknowledgement dated 14-07-1999 Ex.P. 135 : Copy of application submitted to BDA, Dated 14-07-1999 Ex.P. 136 : BDA acknowledgement dated 14-07-1999 Cont'd..