1. M.F.A. No.7564/08 is filed by the Special Land Acquisition Officer, MUDA, challenging the legality and correctness of the judgment and award passed by the III Addl. Civil Judge, Mysore, dated 18.3.2008 in LAC No.63/02 and Cross Objection No.258/08 is filed by the respondent who lost the land on account of the acquisition by the appellant. In the circumstances appeal and cross objections re heard together.

2. We have heard Sri P S Manjunath, the learned counsel for the appellant and Mr. C S Kothavale, learned counsel who is appearing for Sri G P Manjunath for the respondent.

3. The facts leading to this case are as hereunder:

39 guntas of land situated in Sy.No.9/1 of Nadanahalli village, Mysore Taluk was notified for acquisition on 30.01.1997 under Section 4(1) of the Land Acquisition Act. Possession was taken on 02.12.1998. General award was passed on 04.03.1998 and individual award was passed on 12.8.1998. The Land Acquisition Officer determined the market value at the rate of Rs.1,05,000/-per acre. On the ground that the award passed by the Land Acquisition Officer is inadequate, the owner sought a reference under Section 18 of the Land Acquisition Act for determi