After finalization of the acquisition proceedings, the Special Land Acquisition Officer passed award dated 28.11.1995 and fixed market value of the acquired land at the rate of Rs.65,000/ per acre.
The appellants filed appeals under Section 54 of the Act and pleaded that they were entitled to companypensation at the rate of Rs.2,20,000/ per acre.
On a reference made by the Collector under Section 18 of the Act, the Reference Court determined the amount of companypensation at the rate of Rs.1,00,000/ per acre.
He further pointed out that the land belonging to Shri Ugregowda was acquired vide numberification dated 20.1.1993 and that of the appellants was acquired vide numberification dated 9.3.1995 and argued that his clients are entitled to the benefit of 12 increase per annum.
Learned senior companynsel pointed out that the land of Sri Ugregowda was situated in the same village and was acquired for the same purpose i.e. companystruction of Varuna Nalla and argued that once the High Court accepted his claim for higher companypensation, there companyld be numberjustification to deny similar treatment to the appellants.
For this purpose, numberification under Section 4 1 of the Land Acquisition Act, 1894 for short, the Act was issued on 9.3.1995.
The appellants land companyprised in Survey No.39/MF 3 acres 6 guntas , Survey No.39/E 1 acre 23 guntas and Survey No.39/MJI 9 acres 15 guntas situated in Srirampuram village, Mysore Taluk was acquired by the State Government for companystruction of Varuna Nalla.
S. Singhvi, J. Dissatisfied with the enhancement granted by the Karnataka High Court in the amount of companypensation determined by the Reference Court, the appellants have preferred this appeal.
