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Service of notice to respondents No.4 to 39 is dispensed with at the request and risk of the petitioners.

2. Since the challenge in these petitions is to the common award passed by the reference Court, both these petitions are taken up together, heard and disposed of by common order.

3. The petitioners claim to be the owners of land bearing R.S.No.77/1, measuring 11 acres 02 guntas, situated at Sitimani village, taluk and district Bagalkote. The subject land was proposed to be acquired by issuing a notification dated 11.08.1998 under section 4(1) of the Land Acquisition Act 1894, which culminated in passing of an award dated 27.09.2002, by which the petitioners were denied compensation on the ground that the subject land is classified as poth A kharab land. The petitioners challenged the award passed by the Special Land Acquisition Officer before this Court in W.P.No.64038/2009.

22. Liberty was granted by the Division Bench of this court to the beneficiary to question the legality of the supplementary award before the Reference, but the liberty granted will not confer power on the reference court to adjudicate the legality , when the scope of enquiry under Section 18 of Act, 1984 is confined only to determine whether compensation awarded is just and proper.

23. Accordingly, writ petitions are allowed. The impugned judgment and award dated 17.04.2021 in LAC Nos.149 and 150 of 2010 passed by the II Addl. Senior Civil Judge and JMFC, Bagalkote, is hereby quashed.

24. The matters are remanded to the II Addl. Senior Civil Judge and JMFC Court, Bagalkote to reconsider the

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NC: 2024:KHC-D:4306 reference in LAC No.149 and 150 of 2010 in accordance with law after notifying all the parties.

25. The reference Court to confine the scope of enquiry only to the extent of redetermination of the market value fixed by the Special Land Acquisition Officer, and the proceedings to be completed at the earliest.