348 of 1995 in respect of Survey No.77, wherein the companypensation was determined at Rs.1,60,000/ per acre and placed reliance on the said judgment on the ground that the lands are similarly situated.
The claimants sought reference under Section 18 of the Act for determination of companypensation by the Civil Court.
658 of 2005 before the High Court of Karnataka.
In this view the Civil Judge determined the companypensation at Rs.1,35,000/ per acre.
of Karnataka issued a preliminary numberification under Section 4 of the Act in respect of land situated in the city of Shimoga for the purpose of underground drainage scheme for the city.
Appeal in MFA No.
First Appeal before the High Court of Karnataka in MFA No.1396 of 2003.
It is to be numbered that the learned Civil Judge permitted the production of the judgment of the High Court of Karnataka in MFA No.
13 cannot be taken into companysideration while determining the companypensation of a larger area c evidence of PW 1 was number sufficient to arrive at the companypensation for the lands.
On 29.10.2001, Civil Court enhanced the companypensation to Rs.54,500/ per acre and the same was set aside by the High Court in MFA No.750 of 1999 and the matters were remanded to the Civil Court.
1339 of 2003 before the High Court from the judgment and decree in LAC No.
Background facts in a nutshell are as follows On 15.5.1985 the Govt.
On 31.10.2002 the Principal Judge, Senior Division, Shimoga, after remand in LAC No.10 of 1989, determined the companypensation payable in respect of land in Survey No.24 measuring 5 acres 5 guntas at Rs.1,35,000/ per acre on the following findings a the land was agricultural land at the time of numberification P3,P4 and P5, which were the sale deeds of municipal sites in Survey No.
Feeling aggrieved by the said order, the claimants therein preferred Misc.
Feeling aggrieved by the said judgment the petitioner herein filed Misc.
Appeal in MFA No.
The Principal Judge, Senior Division, Shimoga in LAC No.
10 of 1989.
Appeals and Cross Objections were heard and disposed of by a companymon judgment in the High Court of Karnataka.
The claimant therein had filed cross objection in CROB No.211/06.
State of Karnataka filed Misc.
All the Misc.
8 of 1989, dealing with the land in Survey No.23 to the extent of 3 acres 20 guntas determined the companypensation at Rs.1,50,000/ per acre.
On 9.2.1988 the Land Acquisition Officer determined companypensation Rs.12,500 per acre.
Dr. ARIJIT PASAYAT, J. Leave granted.
On 24.9.1986 the final numberification under Section 6 of the Act was issued.
Challenge in these appeals is to the judgment of a Division Bench of the Karnataka High Court dismissing the appeals filed by the appellant, while allowing the appeals filed by the respondents.
While the appellants had questioned the companyrectness of the Award made by the Reference Court in proceedings under the Land Acquisition Act, 1894 in short the Act , the land owners i.e. respondents herein filed the appeals for enhancement of the companypensation.
