Special Land Acquisition Officer, Karnataka
v.
Mallapa (dead) By L.rs. And Ors
(Supreme Court Of India)
Civil Appeal No. 6056 Of 2012 | 04-11-2015
1. This appeal is directed against the judgment and order passed by the High Court of Karnataka at Bangalore in Miscellaneous First Appeal No. 594 of 2003, dated 12.10.2007.
2. Brief facts: State of Karnataka issued a notification Under Section 28(4) of the Karnataka Industrial Areas Development Act, 1966 dated 27.05.1985 to acquire land measuring 24 acres, 15 guntas in Marian Timmasagar Hubli Taluka in HDMC area for the purpose of development.
3. The Land Acquisition Collector (for short, "the LAC"), determined the compensation payable for the acquired lands at Rs. 20,200/- per acre, by award dated 12.02.1986.
4. The claimants, not being satisfied with the compensation so awarded by the LAC, approached the LAC and sought for a reference Under Section 18 of the Land Acquisition Act, 1894 (for short, "the Act") to the Reference Court for enhancement of compensation.
5. The Reference Court, enhanced the compensation awarded from Rs. 20,200/- per acre to Rs. 8,40,000/- per acre (Rs. 21,000/- per gunta) by order dated 30.09.2002.
6. Aggrieved by the order passed by the Reference Court, the Appellant herein carried the matter in an appeal to the High Court. The High Court partly allowed the appeal of the Appellant and reduced the market value of the land to Rs. 4,10,000/- per acre (Rs. 10,250/- per gunta) by order dated 12.10.2007.
7. Aggrieved by the order so passed by the High Court, the Appellant is before us in this appeal.
8. We have heard the learned Counsel for the parties to the lis and also carefully perused the documents on record. We find no infirmity in the order passed by the High Court.
9. Therefore, in our considered opinion, we see no ground to interfere with the impugned judgment and order passed by the High Court. Accordingly, the civil appeal is dismissed.
Ordered accordingly.
Advocates List
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE JUSTICE H.L. DATTU
C.J.I.
HON'BLE JUSTICE ARUN MISHRA
Eq Citation
(2019) 2 SCC 373
LQ/SC/2015/1508
HeadNote
Land Acquisition Act, 1894 — S. 18 — Compensation — Enhancement of — High Court reducing market value of land to Rs 410000 per acre Rs 10250 per gunta — No interference with, held, warranted (Para 8)