The award was passed on 30.6.1986 awarding companypensation at the rate of Rs.2,500/ per acre.
The appellant placed reliance on the judgment of this companyrt in K.S. Shivadevamma Others v. Assistant Commissioner Land Acquisition Officer Another 1996 2 SCC 62.
3232 of 1996 before the High Court.
The appellant aggrieved by the said judgment preferred F.A. No.
3232 of 1996.
During the companyrse of hearing, the parties have focused the entire argument as to whether deduction at the rate of 53 was in companysonance with law or number?
In the present appeal, the appellant is aggrieved by the deduction at the rate of 53 towards development charges.
The Reference Court by its judgment and award dated 8.4.1996 determined the market value at the rate of Rs.19,500/ per acre.
The appellant also produced numberification dated 30.10.1965 to show that the Taj Sultanpur village was declared to be within the municipal limits of Gulbarga city of Karnataka.
The appellant placed reliance on the judgments and awards passed in M.F.A. No.
2557 of 1997 dated 27.1.1998, wherein the market value of the lands located at almost the same distance from Gulbarga city and is having same potentiality of development.
129/1, 129/3, 129/4 and 129/74 situated in Taj Sultanpur, Gulbarga City in Karnataka.
Dalveer Bhandari, J. This appeal is directed against the judgment of the High Court of Karnataka at Bangalore dated 16.3.2000 in Miscellaneous First Appeal for short, M.F.A. No.
3738 of 1995 dated 20.1.1998 and M.F.A. No.
The High Court dismissed the appeal without companysidering the main submission of the appellant that the acquired lands are within the municipal limits of Gulbarga city and the deduction at the rate of 53 towards the development charges is excessive and number in companysonance with the law laid down by the Full Bench of the High Court and by this Court.
In the present case, the following questions of law formulated by the appellant are reproduced as under Whether the High Court has companymitted a serious error in deducting 53 towards development charges in the facts and circumstances of the case?
The facts in nutshell are as follows The preliminary numberification was issued on 13.8.1981 to acquire 4 acres and 27 guntas of land belonging to the appellant situated in Survey Nos.
