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2009 Supreme(SC) 719

ARIJIT PASAYAT, LOKESHWAR SINGH PANTA, P.SATHASIVAM
Karnataka Urban Water Supply and Drainage board, etc. – Appellant
Versus
K. S. Gangadharappa etc. – Respondent


Advocates appeared:
For the Appellant :P.R. Ramesh, Advocate.
For the Respondents:S.S. Javali, Sr. Adv., Arjun Krishnan, Chiraranjan Addey, Ms. Anitha Shenoy, Gaurav Kejriwal, Advocates.

JUDGMENT

Dr. Arijit Pasayat, J.—

1. Leave granted.

1. 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 correctness 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 compensation.

3. Background facts in a nutshell are as follows:

On 15.5.1985 the Govt. of Karnataka issued a preliminary notification 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.

On 24.9.1986 the final notification under Section 6 of the Act was issued.

On 9.2.1988 the Land Acquisition Officer determined compensation @ Rs.12,500 per acre.

The claimants sought reference under Section 18 of the Act for determination of compensation by the Civil Court.

On 29.10.2001, Civil Court enhanced the compensation to Rs.54,500/- per acre and the same was set aside by the High Court in MFA No.750 of 1999 and the mat





























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