JUDGMENT

ARUN MISHRA, J.

1. This appeal has been preferred by the appellant­claimant aggrieved by the judgment and order dated 17.02.2016 passed by the High Court of Karnataka, Circuit Bench at Dharwad, enhancing the compensation to Rs.3,00,000/­ per acre. Interest under section 34 of the Land Acquisition Act, 1894 (for short, ''the Act") has also been awarded from the date of the award, i.e. 23.07.2009 and not for the period prior thereto.

2. Notification under section 4 was issued on 7.6.2007 for acquiring inter alia the land belonging to the appellant, and the award was passed on 23.7.2009. It was submitted that under Malprabha Reservoir Project, a dam was constructed in the district of Belgaum across the Malprabha river by the Government of Karnataka. The original height of the dam was 2074.5 feet. This was raised to 2079.5 feet. However, while raising the height, a proper survey was not conducted as to the land which would come under submergence. As a result thereof, in the year 1991 when the full reservoir level breached, water entered into those lands which were not acquired. The issue was raised in the Karnataka Legislative Assembly on 6.9.1991; however, the acquisition proces