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2021 Supreme(Kar) 663

B.M.SHYAM PRASAD, SHIVASHANKAR AMARANNAVAR
LAO and A. C. Indi -586 209 – Appellant
Versus
Ameenabi W/o. Lalasab Hadaginal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SMT. ARCHANA P. TIWARI, AGA

JUDGMENT :

This appeal is by the State under Section 54 (1) of the Land Acquisition Act, 1894 impugning the judgment and award dated 18.10.2014 in LAC.No.41/2011 on the file of the Senior Civil Judge and JMFC, Sindagi (for short, "the Reference Court"). The Reference Court has enhanced the assessment of the market value of the land to Rs.6,77,000/-per acre from Rs.26,580/-per acre as awarded by the Land Acquisition Officer holding that respondents (hereafter referred to as ‘the Claimants’) would be entitled for all statutory benefits accordingly with an addition at 5% of the total compensation as damages for severance.

2. The claimants’ land measuring 03 acres 06 guntas in Sy.No.808/2 of Devar-Hippargi Tq: Sindagi Dist: Vijayapura (hereafter referred to as ‘the subject property’) is notified for acquisition for the purpose of construction of Electricity 110 K.V. station at Devar-Hipparagi, Tq: Sindagi Dist: Vijayapura. The notification under Section 4 (1) of the Land Acquisition Act is dated 12.04.2007. The Land Acquisition Officer has determined the market value of the subject property at the rate of Rs.26,580/-per acre applying the sale statistics method describing the land as Mara

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