Karnataka High Court
The Special Land Acquisition Officer vs Puttaswamy on 25 May, 2012
Author: Ram Mohan Reddy
Bench: Ram Mohan Reddy
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L OF KARNAAKA Al NGALORE
D rED TI 115 THE 25" DAY OF M ') 12
TiFFORE
rilE 1-IOX'BLE MR .JUSTI( E RAM 1t)lI REDDY
Mxscnisnous SEcpzjD_ApjJjQ. 79o 2Q1 (LA)
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THIS MSA IS COMING ON FOR ADMISSIO\ fliJ-S DAY.
THE COURT MADE THE FOLLOWING:
JUDGMENT
0. ii &untas of land in SvNos.264 and 257 of Kesere Village, Kasaba Hobli, Mysore Taluk, amongst other small extents of land when acquired by the state government in exercise of its eminent domain power to wit for "Varuna Nala" by issuing a preii.mlnary notification dt. 1732O05 under Sec4(1) of the Land Acquisition Act, 1894, for short 'the Act', followed by a final notification under Sec,6( I) on 22.1 1 2O05, the Special La.n..d Aqjiisi.ti..en Office r, based on. sales statistics, fixed the market value of the acquired land at 1,5i,000,/ per acre. by award dt. 2ii02006. The land loser's application under Sec. 18(1:) of the Act for enhancement of corn riensatinu when reterred to the I Addi Civil Judge (Sr. Dn.) a..n d CJJ\4. .Mvsore, was reoistered as L(; \-b. 303/2007. This claim petition I ') )[',4 '3
-
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laimant in LA( -302/2007 was examined as PW I and
marked a docum nt as F x P1 Flie Special Land
k quisiti )n Olfi cr did not had iden c HR R ft r ri
ourt placing r han e upon F x 11 the judgment and
iward dt 28 2 200/ in LAQ Nos 289 to 291 of 2003 of the II 'ddl Civil Judge (Sr Dn), Mysore, wherein 6 53,400/ per acre was fixed as th market alue of the lands acquired situated in Ka1ala adi village for th purpose of Varuna Canal under the preliminary riotifk ation dt 21 10 1999 5 vc ars 4 months Rid 2 dayc pri M t the prchrmnary iotificati r subjct math r of rclcrcn ( and in the same il1agc icce ted the cry am i Ht I rid pph IHL p e ia 1 1 f r H r i 8 C ( e re 1 o I ) 1 1 0 t BRIM SINGH & O1rnR Sr IE F HARYAN & ANOIHF R I I -4- found fault with and liable to be confirmed, therefore, by judgment and award and therefore, by judgment and award dated 23.1.2009, allowed the Reference and enhanced the market value of the acquired land to 8,16750/- per acre.
2. The Special Land Acquisition Officer, aggrieved by the judgment and award, preferred LACA No.153/2010 before the Principal District Judge at Mysore, whence, by judgment dated 20.1.20 11, havIng found no merit, dismissed the appeal. II ence, this second appeal.
3. The only contention advanced by the learned HCGP for the appellant is that the land at Kesere Vifiage is not similar to the land subject matter of [AC Nos. 288 to 291 of 2003, and situated In different vIllage, acquired under the preliminary notification Issued 5 years, 4 months and 27 days earlier, though for the very same public purpose of forming Varuna Nala.
-5.
4. HavIng heard the learned HCGP, pcrused the pleadings and examined the judgment and award of the Courts below, In the absence of any distinct material brought on record in the evidence, both oral and documentary. before the reference cour:. this court cannot hasten to conclude that the acquirt' lands did not offer a comparable value In particular. when the award earlier passed In LAC Nos. 288 to 291 of 2003, has already attained finality.
No substantial question of law arisr 1. r (leeisbn making and the appeal Is accordingly disrns& "ci.
Sd/ JUDGE mi