Karnataka High Court
Smt Parvati W/O Malikarjun vs The Land Acquisition Officer And ... on 23 June, 2011
Author: Huluvadi G.Ramesh
Bench: Huluvadi G.Ramesh
IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA Before | | THE HON'BLE MR JUSTICE BULUVADI G RAMESH. Miscellaneous First Appeal No.3081 3 of 2009 2 Between: a Smit. Parvathi W/o Mallikarjun, . Aged about 55 vears, Occ "Agricuiture, ~ R/o Bammanajogi Tq: Sindagi, Dist: Bypaur. oO re ... Appellant (By Sri S.S.Sajjan Shetty, Acy.) > And: The Land Acquisition Officer, -- & Assistant Commissioner, lndi Dist Bijapur. .... Respondent (By Sri Manavendra Reddy, GA) i», °. The Misc.First Appeal is filed under $.54(2) of the Land Acquisition Act, 1894, against the Judgement and Award dated 13.2.2006 in » LAG No.35/2001 on the file of the [1 Addl. Civil Judge (Sr.Dn.) at Bijapur, ". "paitly allowing the claim petition for compensation and seeking "enhancement of compensation. -- "This Misc, First Appeal coming on for Orders this day, the Court ~. delivered the following:- . ba JUDGMENT
Delay of 981 days in preferring the appeal is condoned subject to condition that, the claimant is not entitled for interest for the <aid period oF delay. _ | | Misce.Cvi. No. 151645/2010 is allowed.
This appeal is by the claimant, seeking. eilancement of compensation as against the award passed by ihe Reference Court, in LAC No.35/2001.
Land in Sy.N0.90/24 of Rammanajogi village, sindagi Taluk, Bijapur District. was aegiaiied for minor ini gation project to the extent of 5 acres 15 euntas, The Relerence Count 'by adopting capitalization method, awarded a sum of Rs.45,000/- 'pet agi to the irrigated land. Against which, the claimand, is before . this Court on the ground that the compensation awarded is meager and in similar notification, the Division Bench of this
- 7 Court in MFA No. 2020/2005 and other connected matters in the case of : SLAQ Vs, Neelakantappa and others disposed of on 23.6.2010 awarded "compensation of Rs.Rs.1,09,800/- for dry land, and for the wet land Rs. i:60,000/- is awarded.
Ie Heard the Government Advocate Sri Manavendra Reddy. According to him the compensation awarded is just and proper and does not require any interference.
The Division Bench of this Court in the above: cited case, awarded Rs.1,60,000/- per acre for wet land. Since notification is alse the same and :
lands are adjacent to the lands which are already considered and disposed of, this appeal is also allowed. Compensation is enhanced from Rs.45,000/- to Rs. 1.60,000/- per acre for wet land which shill catty. additional benefit with proportionate costs. - | Government "Advocate to file Memio of Appearance within four weeks,