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1996 Supreme(SC) 1272

G.B.PATTANAIK, K.RAMASWAMY
Special Land Acquisition Officer, Dharwad – Appellant
Versus
Tajar Hanifabi – Respondent


ORDER

Impleadment allowed.

Leave granted.

We have heard learned counsel for the parties.

2. These appeals by special leave arises from the judgment and order of the High Court of Karnataka dated June 16, 1993 made in MFA No. 1395 of 1995. The admitted facts are that notification under Section 4 [1] of the Land Acquisition Act, 1894 [for short, the "Act"] was published on March 7, 1985 acquiring six acres of land near Chikodi municipality for industrial development. The Land Acquisition Officer [LAO] granted compensation on acrage basis. On reference, relying upon the sale deed Ex. P-8 in respect of land of an extent of 40 x 40 situated one and a half kms. away from the acquired lands which worked out to Rs. 12/- per square foot, the Civil Judge enhanced the compensation to Rs. 6/- per square foot which worked out to Rs. 2,66,360/- per acre. On appeal, the High Court reduced the compensation to Rs. 4.50 per square foot which worked out to Rs. 1,96,020/- per acre.

3. The only question for consideration is: whether the compensation determined by the High Court and the reference Court is in accordance with law? It is seen that the sole basis worked out by both the reference Court and t




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