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Heard Sri G. G. Chagashetty, learned counsel for the appellants, the learned Additional Government Advocate for respondent No.1 and Sri. S.S. Aspalli, the learned ASGI for respondents No.2 to 4.

02. The appellants-land loosers have filed this appeal under Section 54 (1) of the Land Acquisition Act, praying to allow the appeal by modifying the impugned judgment and award dated 22.11.2012 passed by the learned Additional Senior Civil Judge, at Bidar in LAC.No.303/1991 and to enhance the compensation from Rs.44,220/- per acre to Rs.52,220/- per acre with all statutory benefits. acres 24 guntas and land Sy.No.278 measuring 12 acres 01 gunta both situated at Chidri village Dist:

Bidar, belonging to appellants are acquired for expansion of existing Defence Air-force Station, at Bidar under 4 (1) notification dated 01.10.1985 issued by the Land Acquisition Officer under Land Acquisition Act, 1894. The Land Acquisition Officer passed the order on 26.07.1989 determining the market value of the said lands at Rs.9,600/- per acre. The appellants- claimants being dissatisfied with the quantum of the market value have filed reference petition before the Reference Court in LAC.No.303/1991. The reference Court determined the market value of the acquired lands at the rate of Rs.43,000/- per acre vide its judgment and award dated 27.11.1995.

05. Aggrieved by the same the present appellants filed this appeal on the ground that the Reference Court has erred in not determining the market value keeping in view the admitted facts and not assessed the evidence keeping in view the potentiality of acquired lands for development. The lands adjoining to it are already developed. The acquired lands are close to Bidar City and located in the developed extension area of Bidar City. A plot of the size of 40' x 60' in the vicinity of the acquired lands was being sold at Rs.12,000/- to Rs.15,000/- per plot at the time of issuance of 4 (1) notification. The appellants made it clear in the plan that in one acre of land 12 plots of 60' x 40' size, could be formed; excluding the area for parks, civic amenities and the road. The reference Court having held that 12 plots of the size 40' x 60' could be formed in one acre of land; is not justified in deducting 1/3rd of the value assessed. The approach of the Reference Court in deducting further 1/3rd of the value is not correct. The lands, of which the Reference Court has observed as similar to the acquired lands of the appellants, are of a different village and far from the acquired lands. This approach of the Reference Court has resulted in determining the market value on lower side and therefore the same requires reconsideration of this Court. The appellants pray to enhance the compensation from Rs.44,220/- per acre to Rs.52,220/- per acre.

11. In the instant case, only ground urged in the appeal is that the Reference Court has not considered the evidence adduced by the claimants and not considered the potentiality of the acquired lands for development. The lands adjoining to it are already developed as contemplated under Section 23 of the Land Acquisition Act. But such contentions cannot be accepted at this stage. Similar lands having same potentiality and market value are acquired under 4 (1) notification on 26.09.1985, the reference Court awards are challenged both by land loosers and the beneficiaries have been considered and it has reached finality by the judgments of this Court. It is pertinent to note that under 4 (1) notification not only the lands of these appellants are acquired, but also the lands of several persons were acquired i.e., more than 100 persons lands in the villages of Chidri, Naubad, Bakchoudi and Nijampur of Bidar Taluka, totally measuring 495 acres 08 guntas extent of lands are acquired. The award is passed by SLAO on 26.07.1989. The appeal filed by the beneficiaries and land loosers under same notification are dismissed. Now, respondents-beneficiaries and land loosers in other cases have accepted the market value of the acquired lands at Rs.43,000/- per acre.