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2022 Supreme(Kar) 1010

SHANKAR GANAPATHI PANDIT, ANANT RAMANATH HEGDE
Mahiboobsab Imamhusain Bagawan – Appellant
Versus
Special Land Acquisition Officer, Malaprabha Project No. 1 – Respondent


Advocates appeared:
Jagadish Patil and Lingaraj Maradi, Advocates, for the Petitioner; G.K. Hiregoudar & Shivaraj C. Bellakki, Advocates, for the Respondents

JUDGMENT

Anant Ramanath Hegde, J. - This appeal is filed by the land loser impugning the judgment and award passed by the reference Court in LAC No. 30/2010 on the file of II Addl. Senior Civil Judge, Bagalkot (for short 'the Tribunal'). The land in question is Sy. No. 51/3 measuring 1 acre 12 guntas in Shigikeri village of Bagalkot taluk. The land was acquired in terms of Section 4(1) notification dated 14.4.2005 published under Land Acquisition Act, 1896 (for short 'L.A. Act'). The Special Land Acquisition Officer (for short 'SLAO') vide order dated 29.3.2008 awarded compensation of Rs. 86,588/- per acre holding that 1 acre of the acquired land is wetland and awarded a compensation of Rs. 2,86,455/- in respect of 12 guntas of land, taking into consideration, pomegranate crop was standing in the said portion of the land.

2. Being aggrieved by the size of the award of SLAO, reference is sought by the land loser. The reference Court awarded compensation of Rs. 7,03,500/- for 1 acre of wetland. The remaining portion of the award in respect of 12 guntas of land is confirmed in terms of judgment and award dated 29.9.2012. The land losers have filed the instant appeal on the premise that

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