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2014 Supreme(Kar) 908

B.S.PATIL, ANAND BYRAREDDY
Abdul Khadar – Appellant
Versus
Assistant Commissioner & Land Acquisition Officer – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shivashankar H. Manur and Anand Sanjay M. Nuli
For the Respondents: Manvendra Reddy, Ashok R. Kalyanshetty and S.S. Mamadapur

JUDGMENT

1. Claimants in LAC No. 187/1998 are aggrieved by the market value fixed and the compensation determined for their acquired lands and are therefore before this Court in this miscellaneous first appeal seeking enhancement. Lands bearing Sy. No. 423 measuring 7 acres and Sy. No. 420/2 measuring 12 acres 23 guntas of Mahalbagayat, Bijapur, totally measuring 19 acres 23 guntas were the subject matter of reference in LAC No. 187/1998. The preliminary notification under Section 4(1) of the Land Acquisition Act was published in the Gazette on 17.05.1984. The land was acquired by the 2nd respondent - Bijapur Development Authority, Bijapur, for the purpose of formation of house sites. The Land Acquisition Officer/Assistant Commissioner, Bijapur, passed an award dated 16.09.1986 fixing the market value of the land at Rs. 10,500/- per acre.

2. Aggrieved by the market value fixed by the Land Acquisition Officer, claimants sought and secured reference to the Civil Court. Before the Civil Court, claimant No. 2A Mohammadpasha examined himself as P.W. 1 and two other witnesses were examined as PWs.2 and 3. Exs. P1 to P44 were produced and marked on behalf of the claimants. Respondents exami













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