Challenging the rejection of his claim petition under

Sections 30 & 31(2) of Land Acquisition Act 1894 (for short

‘the Act’) claimant No.4 in LAC No.51/2014 on the file of II

Addl. City Civil and Sessions Judge, Bengaluru (CCH No.17)

has preferred the above appeal.

2.

Appellant was claimant No.4, respondents 1 to 3

were claimants 1 to 3, respondent Nos.4 to 10 were claimant

Nos.5 to 12 and respondent Nos.11 and 12 were respondents

No.1 and 2 in LAC No.51/2014 before the Reference Court. For

the purpose of convenience the parties will be referred to

henceforth according to their ranks before the Reference

Court.

3.

The brief facts of the case are as follows:

i)

Under

the

notification

dated

29.09.2009

respondent No.1 acquired along with several other lands, the

land bearing Sy.No.12 of Nagasandra village in all measuring

8 acres 26 guntas for the purpose of Bengaluru Metro Rail

Project (for short ‘BMRP’). The final notification was issued on

5

11.03.2010 showing the name of Pavan Kumar Singhal @

Agarwal the vendor of claimant No.1. The said notification so

far it related to claimant No.1 was set aside by the order of

this

Court

in

W.P.No.27682/2010

(LA

RES)

and

W.A.No.15215/2011 (LA RES) dated 25.11.2011 on the

undertaking of respondent No.2 that fresh preliminary

notification will be issued within four weeks showing the name

of claimant No.1. Accordingly the amended notification was

issued 30.04.2013.

ii)

Possession of the land was taken by the first

respondent on 25.11.2010 and transferred to BMRP. The first

respondent passed the award on 22.04.2014 in respect of the

aforesaid land granting compensation of Rs.30,04,74,464/-.

Since Claimant Nos.1 to 12 each claimed entitlement to

receive the compensation amount, respondent No.1 deposited

the said amount before the Reference Court. Then respondent

No.1 acting under Section 30 and 31 (2) of the Act, referred

the matter to the Reference Court for adjudication of the

entitlement of the rival claimants to receive the compensation

6

amount. Reference Court registered the same in LAC

No.51/2014.

iii)

On receipt of the notice from the Reference Court

rival claimants appeared before the said Court. On the memo

of claimant No.6 dated 19.07.2019 for deletion of his name on

the ground that he has no claim in the matter, his name was

deleted from the case accordingly. Before the Reference Court

claimant Nos.1, 2, 4, 5, 7 and 12 alone filed their claim

statements. Claimant Nos.3, 8 to 10 did not file any claim

statement.

4.

The case of Claimant Nos.1 and 2 is as follows:

i)

That the land bearing Sy.No.12 in all measuring 8

acres 26 guntas belonged to one Smt.Goolabai, W/o

Madhavdas Desai who acquired the same under the registered

sale deed dated 15.02.1922 (Ex.P42). She in turn sold the

same to Prabhakar L.Kirloskar under the registered sale deed

dated 26.02.1940 (Ex.P2). He sold the same to Badridas

Kasturchand Daga and Ramanath Kasturchand Daga under the

registered sale deed dated 06.12.1956 (Ex.P3). Badridas

7

Kasturchand

Daga

under

the

WILL

dated

16.09.1962

bequeathed

the

said

property

to

Chandabai

Badridas

Kasturchand Daga, Seth Ramanath Kasturchand Daga and

Shankarlal Ramnath Daga. Seth Ramanath Kasturchand Daga

executed the WILL and appointed his sons Seth Shankarlal

Ramanath Daga and Shivalal Ramnath Daga as the executors.

ii)

Chandabai

Badridas

Kasturchand

Daga,

Seth

Shankarlal Ramnath Daga and Shivalal Ramnath Daga sold 4

acres 26 guntas out of 8 acres 26 guntas in Sy.No.12 to

Paramanand Sharma under the registered sale deed dated

24.09.1981 (Ex.P43). Paramanand Sharma in turn under the

WILL dated 18.03.1993 (Ex.P44) bequeathed the said

property to claimant No.2/Yashvir Goel. On the application of

claimant No.2/Yashvir Goel the City Civil Judge Bengalure in P

& SC No.28/1998 by the order dated 25.10.1999 (Ex.P45)

issued the probate of WILL dated 18.03.1993 in favour of

claimant No.2.

iii)

Chandabai Badridas Kasturchand Daga, Seth

Shankarlal Ramnath Daga an