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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
S.SUNIL DUTT YADAV, VIJAYKUMAR A.PATIL
Special Land Acquisition Officer, Kiadb, Dharwad – Appellant
Versus
N.V. Giri Babu S/o. Hanumantha Rao – Respondent
JUDGMENT :
VIJAYKUMAR A.PATIL, J.
These appeals and cross objections are preferred by the KIADB and the claimants respectively being aggrieved by the common judgment and award dated 26.04.2013 passed by the I Additional Senior Civil Judge, Bellary (hereinafter referred to as the ‘Reference Court’ for short). The particulars are as under:
| Sl.No. | LAC.No. | MFA FILED BY KIADB | CROB FILED BY CLAIMANTS |
| 1. | 4/2010 | 101519/2014 | ------ |
| 2. | 5/2010 | 101516/2014 | 100035/2015 |
| 3. | 2/2010 | 101517/2014 | 100036/2015 |
| 4. | 3/2010 | 101518/2014 | 100037/2015 |
2. The parties henceforth are referred to as per their ranking before the Reference Court for the purpose of convenience. The land loosers are referred to the claimants and the beneficiary from acquisition is referred to as KIADB.
3. Brief facts leading to filing of these appeals and cross objections are that the State Government issued preliminary notification on 24.04.2005 to acquire various extents of lands including the lands of the claimants for establishment of industrial area. The Land Acquisition Officer passed an award determining the market value of the lands at Rs.41,300/- per acre. The Reference Court enhanced the same under the impugned judgment dated 26.04.2013 at Rs.11,00
The determination of market value for land acquisition must be based on contemporaneous evidence, with claimants bearing the burden of proof to establish inadequacy of the compensation amount.
The court affirmed that compensation for acquired land must reflect its market value based on comparable sales prior to acquisition, emphasizing the burden of proof lies with claimants to demonstrate....
The court upheld the Reference Court's compensation enhancement for acquired land, emphasizing the burden of proof on claimants to demonstrate inadequacy of the initial award and reliance on valid ma....
Acquisition of land – Old sale-deeds cannot be determinative of assessment of market value of land under acquisition.
Compensation for acquired land must reflect its market value, determined by comparable sales and potentiality, as per the Land Acquisition Act.
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