M. R. SHAH, B. V. NAGARATHNA
Special Land Acquisition Officer – Appellant
Versus
N. Savitha – Respondent
JUDGMENT :
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Karnataka at Bengaluru in Miscellaneous First Appeal No. 7954 of 2014 (LAC) and Miscellaneous First Appeal No. 6429 of 2015 (LAC) by which the High Court has allowed the Miscellaneous First Appeal No. 7954 of 2014 (LAC) preferred by the respondent herein - original claimant - original landowner and has enhanced the amount of compensation in respect of the acquired land to Rs. 40 lakhs per acre and consequently has dismissed the Miscellaneous First Appeal No. 6429 of 2015 (LAC) preferred by the State, the State has preferred the present appeals.
2. The facts leading to the present appeals in a nutshell are as under:-
2.1 That the land of the respondent herein - original landowner - claimant situated at Bechark Revenue Village, Belagola Hobli, Srirangapattana was acquired by the appellants for a public purpose - for improvement of Ranganathittu Bird Sanctuary. A notification under Section 4 of the Land Acquisition Act was issued/published on 24.11.2008, which was followed by notification under Section 6 in the year 2009. The Land Acquisition Officer passed an aw
(1) Acquisition of land – Consent award cannot be basis to award and/or determine compensation in other acquisition, more particularly, when there are other evidences on record.(2) Acquisition of lan....
While determining market value/compensation, previous instances of acquisition in proximity for location and potential of land acquisition along with cumulative increase is relevant consideration.
Acquisition of land – Quantum of compensation must be based on current market value of land.
Acquisition of land – In given case even a sale deed of comparable sales of small areas also can be considered by giving suitable deductions while fixing market value.
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