Judgment :-

Dalveer Bhandari, J.

1. This appeal is directed against the judgment of the High Court of Karnataka at Bangalore dated 16.3.2000 in Miscellaneous First Appeal (for short, M.F.A.) No. 3232 of 1996.

2. The facts in nutshell are as follows:

The preliminary notification was issued on 13.8.1981 to acquire 4 acres and 27 guntas of land belonging to the appellant situated in Survey Nos. 129/1, 129/3, 129/4 and 129/74 situated in Taj Sultanpur, Gulbarga City in Karnataka. The award was passed on 30.6.1986 awarding compensation at the rate of Rs.2,500/- per acre.

3. The Reference Court by its judgment and award dated 8.4.1996 determined the market value at the rate of Rs.19,500/- per acre.

4. The appellant aggrieved by the said judgment preferred M.F.A. No. 3232 of 1996 before the High Court. The appellant placed reliance on the judgments and awards passed in M.F.A. No. 3738 of 1995 dated 20.1.1998 and M.F.A. No. 2557 of 1997 dated 27.1.1998, wherein the market value of the lands located at almost the same distance from Gulbarga city and is having same potentiality of development. The appellant also produced notification dated 30.10.1965 to show that the Taj Sultanpur village was