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2019 Supreme(SC) 943

R.BANUMATHI, A.S.BOPANNA
Huchanagouda – Appellant
Versus
Assistant Commissioner and Land Acquisition Officer – Respondent


Advocates Appeared:
For the Petitioner(s): Mr. Sharanagouda Patil,Adv. Ms. Supreeta Sharanagouda, AOR
For the Respondent(s): Mr. Naveen R. Nath,Adv. Mr. Hetu Arora Sethi, AOR Mrs.Lalit Mohini Bhat,adv. Mr. Rahul Jain,Adv.

JUDGMENT :

BANUMATHI, J:

1. Leave granted.

2. The Government notified the lands in-question for acquisition for the purpose of rehabilitating the Veerapur villagers on account of implementation of Hirehalla project on 16.10.2003. The Land Acquisition Officer passed the award dated 08.03.2006 fixing the value of the land at the rate of Rs.24,500/-per acre. In reference, the Court raised the market value to Rs.1,26,500/-per acre. In appeal, the High Court has taken into account the market value determined in respect of acquisition under another Notification dated 24.11.1994, pointing out that the present notification is dated 16.10.2003 and there being a gap of about eight years and ten months and twenty two days from the earlier Notification dated 24.11.1994, the High court granted 5% escalation for the gap of about nine years between 24.11.1994 and 16.10.2003 and arrived at the market value of Rs.1,55,133/-which is rounded off to Rs.1,56,000/-per acre. Being aggrieved, the claimants have preferred these appeals seeking further enhancement.

3. We have heard Mr. Sharanagouda Patil, learned counsel appearing for the appellants and Mr. Navin R. Nath, learned counsel appearing for responden

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