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2012 Supreme(SC) 463

SWATANTER KUMAR, B.S.CHAUHAN
Girimallappa – Appellant
Versus
Special Land Acquisition Officer M & MIP – Respondent


Judgment :

1. Delay condoned.

2. Facts and circumstances giving rise to this petition are that:

A. A huge area of land was notified under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter called the `Act’) on 30.5.1984 including the petitioner’s land measuring 11 Acres 32 Guntas at Gobbur (K) Village in District Gulbarga for the purpose of construction of a tank. The possession of the said land has been taken by the respondent authorities on 23.6.1985. The Land Acquisition Collector made an Award under Section 11 of the Act fixing the market value of the land at the rate of Rs. 3800/-per Acre.

B. One LAC Case No. 500 of 1993 filed by another person was decided by the Reference Court under Section 18 of the Act on 28.9.1994. While placing reliance on the same, the petitioner filed application under Section 28-A of the Act. The said application was allowed fixing the market value of the dry land at the rate of Rs.10000/-per Acre. Petitioner preferred a further reference against that order claiming Rs.45000/-per Acre for dry land and Rs.75000/- per Acre for irrigated lands. The said reference was decided vide order dated 27.9.2003 assessing the market value at the rate of Rs



























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