AND

DECREE

DATED:

31.08.2015, PASSED IN LAC.NO.31/2007, ON THE FILE OF THE 1^ST

ADDITIONAL

SENIOR

CIVIL

JUDGE,

MANGALORE,

D.K.,

DISMISSING THE REFERENCE PETITION FOR COMPENSATION

AND ETC.

THIS MFA COMING ON FOR HEARING, THIS DAY,

P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:

JUDGMENT

The appellants are land owners of Sy.No.27/5 of

Kudupu village, Mangalore Taluk, Mangalore measuring

12.71 acres. The said land was acquired by exercising power

under Section 17 of the Land Acquisition Act, 1894 (the ‘Act’

for short).

For the sake of convenience parties shall be

referred as per their status before the Tribunal.

3.

The appellants’ case is, respondent has acquired

two pieces of land one belonging to appellants and the other

land measuring 25.40 acres which is adjacent contiguous

with appellants’ land. The award in respect of other lands

was

passed

by

consent

on

01.01.2005

awarding

a

compensation of Rs.13.75 lakhs per acre. Claimants received

4

a notice dated 16.03.2006 to produce documents for

appellants having consented for a ‘consent award’ at the rate

of Rs.13.75 lakhs per acre. The appellants claim that they

have filed all necessary documents such as indemnity bond,

affidavit etc., In the meanwhile, there was change of SLAO.

Without considering the documents filed by the appellants,

an award was passed on 30.10.2006 awarding Rs.5,92,600/-

per acre. First appellant filed an application before the

Reference Court. The other appellants also got themselves

impleaded in that case. By the impugned judgment and

decree, the reference under Section 18(1) of the Act has

been dismissed. Hence, this appeal.

4.

Sri.Narayana Bhat, learned advocate for the

appellants submitted that appellants’ land and the abutting

lands measuring 25.40 acres are contiguous lands. In

respect of the adjacent lands, respondents have paid

Rs.13.75 lakhs per acre as per consent award as early as on

01.01.2005. Though claimants had filed all necessary papers,

for extraneous considerations, the consent award was not

passed in their case.

5

5.

He further submitted that while fixing the

compensation at Rs.13.75 lakhs per acre in respect of

adjacent lands, the SLAO has considered the value of the

land in Sy.No.27/5 during January 2005, whereas while

considering appellants’ case, the SLAO has considered the

value of the land in Sy.No.98 which is more distant than

Sy.No.27. He submitted that the land was acquired by the

respondent for dumping the garbage. After passing the

award in respect of the adjacent lands on 01.01.2005,

respondent issued notification under Section 4(1) of the Act

in respect of appellants’ land on 07.04.2005.

6.

He further submitted that remaining pieces of

adjacent lands also got submerged by the garbage. A writ

petition has been filed by the Legal Service Authority in this

Court and interim compensation has been given in respect of

those lands.

7.

In substance, Sri.Narayana Bhat, submitted that

claimants have been grossly discriminated while awarding

compensation for extraneous considerations.

8.

Sri.K.N.Nitesh submitted that the land owners of

the adjacent lands had come forward and given consent for

6

the award, whereas the appellants though claimed that they

had agreed for the consent award, have not produced any

documents. Therefore, the respondents have passed the

general award on 30.10.2006.

9.

He

further

submitted

that

with

regard

to

consideration of two different lands while computing the

compensation, the Land Acquisition Officer has examined the

factual matrix of each cases and accordingly, passed the

award as per his best knowledge. With these submissions, he

prayed for dismissal of this appeal.

10.

We

have

carefully

considered

the

rival

contentions and perused the records.

11.

Undisputed facts of the case are, the lands

acquired by consent vide order dated 01.01.2005 and

appellants lands, are contiguous lands. Notice dated

16.03.2006 has been placed on record in the appeal papers.

It shows that after giving consent on 30.12.2005, ap