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1976 Supreme(Kar) 209

GOVINDA BHAT
K. MALKOJI RAO, KAPATHAPPA – Appellant
Versus
ASST COMMR AND LAND ACQUISITION OFFICER, BELLARY – Respondent


Advocates:
M.Rama Bhat, N.VENKATACHALAPATHY

( 1 ) THIS revision petition by the claimant in whose favour the Civil Judge, bellary, has passed an Award and Decree, is directed against the Order of the District Judge, Bellary, holding that he has jurisdiction to entertain the appeal.

( 2 ) THE claimant did not accept the award made by the Land Acquisition officer and, therefore, the LAO made a reference to the Civil Court. The learned Civil Judge passed an award for payment of compensation valuing the land acquired measuring 5 acres 8 cents at Rs. 4,000 an acre, on which the claimant is entitled to the solatium of 15 per cent. The total amount awarded as compensation by the learned Civil Judge exceeds Rs. 20,000. The claim made by the claimant is lor compensation valuing the land at rs. 4,000 an acre, which has been fully allowed by the learned Civil Judge. The LAO had awarded compensation valuing the land at Rs. 1,350 an acre. The enhancement in excess of what had been awarded by the LAO, was challenged before the Dist Court. The learned Dist Judge took the view that the enhancement made by the learned Civil Judge, which is less than Rs. 20,000, determines the forum for appeal, although the claim of the claimant in the refere







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