BENCH AT DHARWAD
THE EXECUTIVE ENGINEER – Appellant
Versus
VIJAYSINGH NANASAHEB NIMBALKAR – Respondent
The captioned Miscellaneous Second Appeal is filed by
the beneficiary questioning the judgment and award
passed by the first appellate court in LAC Appeal
No.48/2011.
2.
Respondent No.1 is the owner of the land
bearing Sy.No.6 measuring 6 acres situated at Nanadi
village of Chikodi taluk. The said land was acquired by the
State for the purpose of installation of 33/11 KV power
station at Nanadi and accordingly, notification was issued
and respondent No.2 passed an award on 14.08.2000
awarding compensation of Rs.10,400/- per acre including
statutory benefits.
3.
Respondent
No.1/owner
feeling
aggrieved
sought reference before the reference court. Respondent
No.1/owner of the land in question was examined as P.W.1
and relied on documentary evidence vide Exs.P1 to P4. The
appellant/beneficiary examined its official as R.W.1 and
3
also relied on Exs.R1 to R7. The reference court having
assessed the oral and documentary evidence discarded the
price list placed on record by respondent No.1/owner vide
Ex.P3. The reference court proceeded to presume that the
land owner is growing crops like, jowar and sadhak and the
price list does not refer to prevailing price of jowar and
sadhak and has
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