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2021 Supreme(Kar) 877

ASHOK S.KINAGI
KUMAR SHRIDHAR KARABASAPPA UDAPUDI – Appellant
Versus
SPECIAL LAND ACQUISITION OFFICER, DHARWAD – Respondent


JUDGMENT :

Ashok S. Kinagi, J.

1. Appellant being aggrieved by the judgment and award dtd. 29/1/2011 passed in LAC No. 44/2010 by the Senior Civil Judge, Ramdurg has filed this appeal seeking for enhancement of compensation.

2. Brief facts of the case of the appellant are as under:

    Appellant is the owner of land bearing Sy. No. 147/2 of Batakurki Village and the said land has been acquired by the respondent No. 1 to the extent of 1 acre 23 guntas for the purpose of construction of GRB canal in the year 2007 by issuing a preliminary notification dtd. 5/7/2007 under Sec. 4(1) of the Land Acquisition Act, 1894 (the Act for short). Respondent No. 1 has passed an award 22/7/2010 fixing the market value at Rs.23,000.00 per acre. Appellant being dissatisfied with the market value fixed by respondent No. 1, filed an application under Sec. 18(1) of the Act. The matter was referred to Reference Court. The Reference Court has raised the Reference as LAC No. 44/2010. The petitioner has filed the claim petition stating that the acquired land is very fertile and having irrigation facility growing commercial crops like sugarcane, onion, DCH cotton and getting annual income of Rs.60,000.00 per acre.

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