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1993 Supreme(Kar) 313

L.S.SREENIVASA REDDY, SHIVARAJ V.PATIL
BASAVESHWAR CO-OPERATIVE SOCIETY, BAGALKOT – Appellant
Versus
SPECIAL LAND ACQUISITION OFFICER, SAUNDATTI – Respondent


Advocates:
C.S.KOTHAVALE, DSOUZA

SHIVARAJ PATIL, J.

( 1 ) THE claimant aggrieved by the judgment and award dated 18-1-1988, passed by the court of the additional civil judge, bagalkot, in l. a. c. No. 1081 of 1981, has filed this appeal with a prayer to modify the said judgment and award by granting further enhancement of compensation on various grounds.

( 2 ) THE facts essential for the disposal of this appeal are the following: an area of 5 acres 10 guntas of land in sy. No. 119/2 of muranal village in bagalkot taluk was acquired pursuant to the preliminary notification dated 18-1-1979 published under Section 4 (1) of the Land Acquisition Act, 1894 (for short the 'act 1894' ). The special land acquisition officer, malaprabha project, saundatti respondent herein, passed the award as per ext. D. 1. The said land was acquired for the purpose of construction of office and staff quarters of superintendent engineer, m. c. c. 2 and a. e. m. p. c. , bagalkot. The said land was converted for non-agricultural purpose as per the order dated 21-4-1973 of the special deputy commissioner, which fact is noted in the revenue records as per m. e. No. 1196 dated 21-11-1973. Even in the award ext. D. 1 it is so mentioned. In ext.

















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