B.V. Nagarathna, J.

This is a miscellaneous second appeal, assailing judgment and award passed in LAC. Appeal No. 130/2011 by the Principal District Judge, Belgaum, dated 02.04.2012 by which, judgment and award passed by the Civil Judge (Sr.Dn), Bailhongal, (hereinafter referred to as "the reference court" for the sake of convenience) dated 26.3.2011 in LAC.No.193/2010 has been modified by partly allowing the appeal.

2. Relevant facts of the case are that an extent of 17 guntas out of 1 acre 37 guntas of land, in Sy.No.6/3+4b; 25 guntas in Sy.No.87/5 and 35 guntas in Sy.No.85/1 situated at Mugabasava village, Bailhongal taluk, Belgaum District, were acquired for the purpose of River Malaprabha Reservoir Project. In fact the aforesaid lands along with other lands were submerged in the backwaters of Malaprabha River on the construction of the reservoir project. Consequently, the aforesaid lands along with other lands were sought to be acquired by issuance of preliminary notification under Section 4(1) of the Land Acquisition Act, 1894, (hereinafter referred to as "the Act" for the sake of brevity), dated 07.06.2007. Subsequently, declaration was issued under Section 6(1) of t