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2020 Supreme(Kar) 924

S.SUJATHA, SHIVASHANKAR AMARANNAVAR
Karnataka Neeravari Nigam Limited – Appellant
Versus
Special Land Acquisition Officer Hipparagi Project, Athani – Respondent


Advocates Appeared:
Ramesh N Misale, Advocate, Archana A Magadum, Advocate, V.S. Kalasurmath, Advocate, Ramesh N Misale, Advocate

JUDGMENT

S Sujatha, J. - The beneficiary as well as land loser are before this Court challenging the correctness and validity of the order dated 18.04.2015 passed in LAC No.835/2011 by the Addl. Senior Civil Judge and JMFC., Athani, (for short 'the reference Court) whereby the market value of the acquired land has been fixed at the rate of Rs.5,00,000/- per acre with all statutory benefits.

2. The land bearing Sy.Nos.824/3 in Athani, Athani taluk, Belgaum district, measuring 1 acre 15 guntas was acquired vide Notification dated 09.08.2007 issued under Section 4 (1) of the Land Acquisition Act, 1894, (for short 'the Act'). The Special Land Acquisition Officer passed the general award, awarding compensation of Rs.1,28,868/- per acre for the lands acquired. Being dissatisfied, the land loser sought for reference under Section 18 (1) of the Act. The Reference Court determined the market value of the subject land at Rs.5,00,000/- per acre with all statutory benefits. Being aggrieved, the beneficiary is seeking for the reduction of the market value of the land acquired whereas the land loser is seeking for enhancement of the compensation.

3. Learned counsel appearing for the beneficiary s

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