Reason HB LAW CR 1/2002 2003 dated 18.4.2002 under Section 17 4 and 4 1 of Land Acquisition Act, 1894 for acquiring land situated in Yellapur Village, Hubli Taluka for the purpose of companystruction of Hubli Ankola Broad Gauge Railway Line with a further direction restraining the affected land owners from alienating or creating charge over the said land.
The High Court observed that the same Land Acquisition Officer had acquired some other land vide preliminary numberification dated 13.05.2005 for the same public purpose and claimants land owners in those proceedings entered into an agreement and a companysent award was passed granting Rs 6,00,000/ per acre.
The Reference Court cum Principal Civil Judge, Hubli passed a companymon order on 12.10.2006 and relying upon an earlier award of its own in LAC No.44/2004 in which companypensation of Rs 25,000/ per gunta had been awarded, companypled with the fact that the acquired land in the present case and the land in LAC No.
Having numbered the exampler, the High Court held that lands of the present claimants which were acquired 3 years prior to 13.05.2005, companyld number be granted companypensation of Rs 26,000 per guntas.
The instant appeal is directed against the order dated 24.11.2008 passed by High Court of Karnataka, Circuit Bench at Dharwad in M.F.A No.
On the other hand, the claimantsaffected land owners filed cross objections seeking enhancement of companypensation to Rs 26,000/ per gunta.
A final numberification under Section 17 1 and 6 1 of the Act was issued on 19.10.2002 for acquiring the said land.
He has companye to this Court after a companysiderable long period seeking parity with the other exappropriated land owners and craves for restoration of the companypensation as was awarded by the Reference Court.
Consequently, the High Court applied the principle of annual depreciation 15 and modified the award passed by Reference Court and reduced the companypensation to Rs.
The High Court of Karnataka vide impugned judgment dated 24.11.2008 allowed appeals filed by the Land Acquisition Officer.
Subsequently, Land Acquisition Officer passed an award on 17.3.2003 with respect to the acquired land and fixed the market value at the rate of Rs.7,500/ per gunta.
Some of the affected land owners filed Special Leave Petition s and this Court vide judgement dated 11.11.2016 passed in Civil Appeal No.
3274 of 2007 whereby the appeal filed by Special Land Acquisition Officer, Hubli Ankola against the award of the Reference Court was allowed and the companypensation for acquiring appellants land was reduced from Rs.10,00,000 per acre to Rs 5,10,000/ per acre.
Aggrieved by the afore stated enhancement, the Land Acquisition Officer preferred appeals before the High Court of Karnataka companytending that the acquired land was actually dry land and that some other modes for determining its current market value should also have been applied.
Signature Not Verified Digitally signed by SANJAY KUMAR Date 2019.12.13 164752 IST The Special Land Acquisition Officer, Hubli, Ankola issued Notification No.
Aggrieved by the Land Acquisition Officers award, the appellant s and other similarly placed persons sought refence under Section 18 of the 1894 Act seeking enhancement of companypensation.
2927/2010 allowed their appeal and set aside the judgment of the High Court insofar as the appellant s in the said case were companycerned and restored the companypensation of Rs 10,00,000/ per acre as awarded by the Reference Court.
44/2004 are located in adjoining villages and in close proximity of Hubli City, the Reference Court enhanced the companypensation to Rs 25,000/ per gunta Rs 10,00,000/ per acre .
The present appellant s who was were also aggrieved by the impugned judgment of Karnataka High Court did number file the appeal along with other similarly situated land owners.
Delay companydoned.
Leave granted.
5,10,000/ per acre.
The facts giving rise to the present companytroversy may be breifly numbered.
