(H.L. Dattu, C.J. and Arun Mishra, J.)
Special Land Acquisition Officer, Karnataka ____________ Appellant
v.
Mallapa (Dead) by Lrs. & Ors. ___________________ Respondent(s)
Civil Appeal No. 6056 of 2012, decided on November 4, 2015
The Order of the court was delivered by
Order
1. This appeal is directed against the judgment and order passed by the High Court of Karnataka at Bangalore in Miscellaneous First Appeal No. 594 of 2003, dated 12.10.2007.
2. Brief facts: State of Karnataka issued a notification under Section 28(4) of the Karnataka Industrial Areas Development Act, 1966 dated 27.05.1985 to acquire land measuring 24 acres, 15 guntas in Marian Timmasagar Hubli Taluka in HDMC area for the purpose of development.
3. The Land Acquisition Collector (for short, “the LAC”), determined the compensation payable for the acquired lands at Rs. 20,200/- per acre, by award dated 12.02.1986.
4. The claimants, not being satisfied with the compensation so awarded by the LAC, approached the LAC and sought for a reference under Section 18 of the Land Acquisition Act, 1894 (for short, “the Act”) to the Reference Court for enhancement of compensation.
5. The Reference Court, enhanced the compensation awarded from Rs. 20,200/- per acre to Rs. 8,40,000/- per acre (Rs. 21,000/- per gunta) by order dated 30.09.2002.
6. Aggrieved by the order passed by the Reference Court, the appellant herein carried the matter in an appeal to the High Court. The High Court partly allowed the appeal of the appellant and reduced the market value of the land to Rs. 4,10,000/- per acre (Rs. 10,250/- per gunta) by order dated 12.10.2007.
7. Aggrieved by the order so passed by the High Court, the appellant is before us in this appeal.
8. We have heard the learned counsel for the parties to the lis and also carefully perused the documents on record. We find no infirmity in the order passed by the High Court.
9. Therefore, in our considered opinion, we see no ground to interfere with the impugned judgment and order passed by the High Court. Accordingly, the civil appeal is dismissed.
10. Ordered accordingly.
Civil Appeal No(s). 6056/2012
Spl. Land Acquisition Officer, Karnataka _______________ Appellant
v.
Mallappa (Dead) by Lrs. & Ors _____________________ Respondent(s)
WITH C.A. No. 6057/2012
(With Office Report)
Date: 04/11/2015 These appeals were called on for hearing today.
(Before H.L. Dattu, C.J. and Arun Mishra, J.)
For Appellant(s) Ms. Kiran Suri, Sr. Adv.
Mr. S.J. Amith, Adv.
Dr. (mrs.) Vipin Gupta, Adv.
Mr. Jaideep Gupta, Sr. Adv.
Mr. Shankar Divate, Adv.
Ms. Rana Bhyain, Adv.
Mr. Raja Chatterjee, Adv.
Mr. Satish Kumar, Adv.
For Respondent(s) Mr. G.S. Chatterjee, Adv.
Mr. Jaideep Gupta, Sr. Adv.
Mr. Shankar Divate, Adv.
Ms. Rana Bhyain, Adv.
Mr. Raja Chatterjee, Adv.
Mr. Satish Kumar, Adv.
UPON hearing the counsel the Court made the following
ORDER
C.A. No. 6056/2012:
11. The appeal is dismissed, in terms of the signed order.
12. Pending application(s), if any, is/are disposed of.
C.A. No. 6057/2012:
13. List on 19th November, 2015.
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