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2004 Supreme(SC) 1601

C.K.THAKKER
Assistant Commissioner-cum-land Acquisition Officer, Bellary – Appellant
Versus
S. T. Pompanna Setty – Respondent


Judgment

Thakker, J.—Delay condoned.

Leave granted.

2. This appeal is directed against an order dated November 14, 2002 passed by the High Court of Karnataka at Bangalore in MFA No. 270 of 1996 (LAC). By the said order, the High Court dismissed the appeal filed by the appellant herein and confirmed the order passed by the Reference Court on September 11, 1995 in L.A.C. No. 72 of 1984.

3. The facts in brief are that a piece of land bearing Survey No. 335/7, admeasuring 5.99 acres situated at Sovenahalli village, Sandur Taluk was acquired for restoration of Sovenahalli tank for the village. A notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as “the Act”) was issued and published in Karnataka Gazette on October 7, 1982. After completion of the proceedings under the Act and after observing all formalities, the Land Acquisition Officer awarded compensation at the rate of Rs. 2,728/- per acre to the claimant vide his award dated January 25, 1984. The claimant received the amount of compensation under protest and submitted an application under Section 18 of the Act requesting the Land Acquisition Officer to refer the matter to the court. The matter w













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