IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 8^TH DAY OF FEBRUARY, 2021

BEFORE

THE HON’BLE MR.JUSTICE ASHOK S. KINAGI

M.F.A.CROB.No.100190/2014 (LAC)

BETWEEN

MOHAN S/O NAGESHRAO HUILGOL,

AGE: 57 YEARS, OCC: AGRICULTURE,

R/O. AIANAPUR, TQ: ATHANI,

DIST: BELGAUM

.....CROSS OBJECTOR

(BY SRI M C HUKKERI, ADV.)

AND

1.

THE SPECIAL LAND ACQUISITION OFFICER,

HIPPARAGI PROJECT ATHANI,

2.

THE ASSISTANT EXECUTIVE ENGINEER,

KARNATAKA NEERAWARI NIGAM LTD.

W AND M SUBDIVISION ATHANI,

DIST: BELGAUM.

…..RESPONDENTS

(BY SRI V.S. KALASURMATH, HCGP FOR R-1

SRI RAMESH N MISALE, ADV. FOR R2)

THIS CROSS OBJECTION IS FILED UNDER ORDER 41 RULE 22

OF CPC, AGAINST THE JUDGMENT AND AWARD DATED 24.04.2010

PASSED IN LAC No.8/2007 ON THE FILE OF THE CIVIL JUDGE (SR.DN)

ATHANI,

PARTLY

ALLOWING

THE

CLAIM

PETITION

FOR

COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS CROSS OBJECTION COMING ON FOR ADMISSION, THIS

DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

Cross-objector being aggrieved by the judgment and

award dated 24.04.2010 passed by the Civil Judge (Sr.Dn.)

Athani, in L.A.C.No.8/2007, filed this cross-objection seeking for

enhancement of compensation.

2.

Parties are referred to as per their rankings before

the reference Court.

3.

Brief facts of the case of the claimant is that the

claimant was the owner of land bearing R.S.No.609/1+2B

measuring 32 guntas of Ainapur village, Taluk Athani, Dist:

Belagavi. The first respondent issued preliminary notification

under Section 4(1) of the Land Acquisition Act (‘the Act’, for

short) and published in gazette on 06.01.2005. The first

respondent passed an award on 22.08.2006 fixing the market

value of the land at Rs.1,49,121/- per acre with all other

statutory

benefits.

The

cross-objector/claimant,

being

dissatisfied with the market value fixed by the first respondent,

filed an application under Section 18(1) of the Act. The first

respondent referred the application to the reference Court. The

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reference Court registered the application as L.A.C. No.8/2007.

The respondents filed objections to the reference application.

The reference Court recorded common evidence. Cross-objector/

claimant was examined himself as PW-1 and got marked

documents at Exs.P-1 to P-129. The reference Court allowed the

application in part and on considering the material on record, re-

determined the market value at Rs.3,69,000/- except phot

kharab. The cross-objector/claimant being dissatisfied with the

re-determination of the market value by the reference Court has

filed this cross-objection seeking enhancement of compensation.

4.

Heard the learned counsel for cross objector, learned

H.C.G.P. for first respondent and learned counsel for second

respondent.

5.

Learned counsel for cross objector/claimant submits

that the reference Court has committed an error in not

considering Ex.P-119 which is the copy of the sale deed wherein

a plot in Sy.No.609/1+2A-1+2B was sold for Rs.34.000/-. If the

acquired land is converted into square feet, it comes to Rs.21.60

paise per square feet. The reference Court re-determined the

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market value at Rs.18/- per square feet which is on the lower

side. He further submits that the respondent No.2 had filed an

appeal in M.F.A.No.20182/2011 and it was withdrawn by the

respondent No.2. Hence, he prays to allow the cross-objection.

6.

Per contra, learned counsel for respondents supports

the impugned judgment and award. Learned counsel for second

respondent submits that the reference Court has re-determined

the market value on higher side.

7.

Perused the records and also considered the

submissions of learned counsel for the parties.

8.

It is not in dispute that the cross objector/claimant

was the owner of land bearing Sy.No.609/1+2/2B measuring 13

guntas. The said land was acquired by first respondent by

issuing

preliminary