Aggrieved by the companypensation determined by the Reference Court, the land owners filed appeals being M.F.A. Nos.
554/2 measuring 15 guntas, Survey No.
value of one exemplar sale deed Ex.
The respondent, by Notification dated 25.01.2003 issued under Section 4 1 of the Act followed by final Notification dated 26.03.2003 issued under Section 6 1 of the Act, acquired the lands belonging to the appellants in Survey No.
Their applications were registered as LAC Nos.
and 29x49ft.
25301, 25302, 25303 and 25304 of 2012 before the High Court.
107, 106, 108 and 109 of 2004 by the Court of Senior Civil Judge, Mudhol and re determined the companypensation at Rs.13,93,920/ per acre as against Rs.6,75,000/ per acre with all statutory benefits as envisaged under Section 23 of the Land Acquisition Act, 1894 hereinafter referred to as the Act .
555/2 measuring 3 acres 34 guntas and Survey No.
situated at Mudhol village and Taluk for the purpose of companystruction of Rehabilitation Centre in favour of the displaced persons of Gudadinni Village of Bilagi Taluk, whose properties came to be submerged under Upper Krishna project.
By impugned judgment dated 07.07.2014, the High Court allowed the appeals in part and while setting aside the award of the reference Court and disagreeing with its reasoning re determined the companypensation at Rs.13,93,920/ per acre as against Rs.6,75,000/ per acre awarded by the Reference Court with all statutory benefits as envisaged under Section 23 of the Act.
1659 of 2000 till 25.01.2003, the date on which the Notification under Section 4 1 was issued in the cases at hand.
Being aggrieved by the awards made by the Land Acquisition Officer, the appellants land owners sought reference to the Senior Civil Judge, Mudhol under Section 18 1 of the Act and claimed companypensation at the rate of Rs.300/ to Rs.350/ per sq.
553/A/1 measuring 9 acres 14 guntas total 30.8 guntas approx.
P 61 out of 11 sale deeds filed by the appellants and deducting 50 towards development charges from its price determined the market value at Rs.13,93,920/ per acre Rs.
By companymon judgment and Award dated 24.08.2012, the Reference Court, by relying upon its earlier judgment dated 18.12.2009 passed in LAC No.
Ninthly, these eleven plots were sold prior to the date of acquisition 2000, 2001 and 2002 whereas the acquisition was in the year 2003 Tenthly, the small parcel of lands sold under these sale deeds are situated in near proximity of the acquired land and some were part of the acquired land Eleventhly, all the eleven sale deeds are held bona fide and proper and lastly, these sale deeds, therefore, can be relied on for determining the proper market value of the acquired land.
for the acquired lands inter alia on the ground of building potentiality and companyparable sale deeds of the several plots in the vicinity of the acquired lands.
Rs.70/ per sq.
107/2004.
Rs 69/ per sq.
65 per sq.
107, 106, 108 and 109 of 2004.
The Reference Court clubbed them together and recorded companymon evidence in LAC No.
32/ per sq.
whereas the land acquired, as mentioned above, is quite large 30 acres and the price at which these small plots were sold is Rs.85/ per sq.
55/ per sq.
64/ per sq.
100/ per sq.
and Rs.218/ per sq.
Taking into account the factual scenario of the acquired land and having regard to the totality of the circumstances taken numbere of supra, we are of the companysidered view that it would be just, fair and proper to take out the average value of these plots.
64/ per sq.
554/1 measuring 16 acres 27 guntas, Survey No.
Against the said judgment, the appellants have filed these appeals before this Court seeking further enhancement in the companypensation awarded by the High Court.
1659/2000 wherein the market value was determined at the rate of Rs.5,00,000/ per acre, fixed the market value of the acquired lands of the appellants at the rate of Rs.5,00,000/ per acre and awarded the companypensation of Rs.6,75,000/ per acre inclusive of Rs.1,75,000/ per acre towards escalation price at the rate of 5 per annum from 21.08.1996, the date on which the Notification under Section 4 1 was issued in LAC No.
Rs.80/ per sq.
Abhay Manohar Sapre, J. These appeals are filed by the land owners against the final judgment and order dated 07.07.2014 passed by the High Court of Karnataka, Circuit Bench at Dharwad in M.F.A. No.
The High Court, inter alia, held by relying on the price Rs.
We herein set out the facts, in brief, to appreciate the issues involved in these appeals.
