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2004 Supreme(Kar) 143

S.ABDUL NAZEER
SPECIAL LAND ACQUISITION OFFICER – Appellant
Versus
FAKIRAPPA MUGUBASAPPA – Respondent


S. ABDUL NAZEER, J.

( 1 ) SINCE common questions of law and fact are involved in all these appeals, with the consent of the learned Counsel for the parties, they are heard and disposed of by this Common Judgment.

( 2 ) THESE appeals and cross-objections are filed by the Special Land Acquisition Officer, malaprabha Project, Saundatti and the claimants respectively being aggrieved by the common judgment and award passed in LAG No. 345/2000 and connected matters dated 22. 11. 2001.

( 3 ) THE appellant has acquired the lands in question situated in Budihal Village, Bailhongal taluk, for a public purpose, for the submergence of Malaprabha Project. Preliminary notification was issued on 31. 7. 1997 followed by a Final Notification dated 17. 9. 1998. The appellant has passed an award on 15. 4. 2000. Possession of the lands was already taken on 29. 8. 1985.

( 4 ) THE Land Acquisition Officer has awarded a compensation of Rs. 25,000/- per acre for the acquired lands. Being dis-satisfed with the award, the claimants filed applications under Section 18 (1) of the Land Acquisition Act seeking reference before the Civil Judge, Sr. Dn. Bailhongal. By the judgment and award impugned in these

















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