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2016 Supreme(Kar) 536

ASHOK B.HINCHIGERI, P.S.DINESH KUMAR
SPECIAL LAND ACQUISITION OFFICER UPPER KRISHNA PROJECT, BAGALKOT – Appellant
Versus
SHARANABASAPPA S/O SHIVAPPA YANDIGERI – Respondent


Advocates Appeared:
FOR THE PETITIONER: K. VIDYAVATHI
FOR THE RESPONDENTS: ANAND R KOLLI

JUDGMENT :

Both these appeals are preferred against the judgment and award, dated 07.01.2013 passed by the Court of II Addl. Senior Civil Judge (Reference Court), Bagalkot, in LAC No. 44/2008.

2. MFA No.23025/2013 is filed by the Government. MFA No.23815/2013 is filed by the erstwhile land-owners.

3. The facts of the case in brief are that the lands measuring 14 acres 30 guntas at R.S.No.101 and 7 acres 19 guntas at R.S.No.100 of Hiregulabal Village were acquired for the Upper Krishna Project. In that regard, preliminary notification, dated 21.5.1998 under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) and the final notification, dated 20.3.1999 under Section 6(1) of the said Act were published. As the Special Land Acquisition Officer (SLAO for short) passed the consent award on 24.5.2000 giving total compensation of Rs.45,84,584/-. Contending that the awarding of the compensation amounts are meager, the erstwhile land-owners (appellants in MFA No. 23815/2013) sought the Reference invoking Section 18 of the said Act. The Reference Court re-determined the market value at Rs.5,75,000/- per acre.

4. Smt. K. Vidyavathi, the learned Additional Government Advocate appe




























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