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1995 Supreme(SC) 1300

B.L.HANSARIA, K.RAMASWAMY
K. S. Shivadevamma – Appellant
Versus
Assistant Commissioner And Land Acquisition Officer – Respondent


Advocates:
G.L.SANGHI, K.R.NAGARAJA, M.T.George, M.VIRAPPA, S.S.JAVALI

( 1 ) LEAVE granted.

( 2 ) NOTIFICATION under Section 4 (1) of the Land Acquisition Act, 1894 (for short, the Act), was published on 12/01/1978 acquiring 9 acres 10 guntas of land situated in survey Nos. 118/4, 118/5a and 5b situated in Nituvalli Village, Davanagere. The Land Acquisition Officer by his order dated 17/05/1979 awarded a sum of Rs. 5,000. 00 per acre. On reference, the Civil Court by its award and decree dated 30/10/1984 determined the compensation @ Rs. 30,000. 00 per acre. On appeal, the High Court determined the compensation after giving deductions of 53 Per Cent @ Rs. 18. 00 per sq. yd. by judgment and decree dated 19/08/1992. Thus, this appeal by special leave has been filed by the claimants.

( 3 ) THE State has not filed any appeal against the enhanced award of the High Court. Shri Javali, learned senior counsel appearing for the claimants, contended that in a notification issued in 1967 acquiring 1 acre 32 guntas of land covered in MFA No. 670/71, MFA No. 7/72 for expansion of the hospital, the High Court awarded @ Rs. 35. 00 per sq. yd. after giving deductions. In another notification dated 21/12/1972, acquiring lands for the Police Parade Ground covered in M.








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