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Judgment
Ram Mohan Reddy
Heard on Miscellaneous application. Accepting the cause shown, delay of 107 days in filing the appeal is condoned.
Application is accordingly allowed.
24 guntas of land in Sy. No. 82/1 of Bythalli Village, Jayapura Hobli, Mysore Taluk, amongst other small extents of land when acquired by the state government in exercise of its eminent domain power to wit for "Varuna Nala" by issuing a preliminary notification dt. 3/8/1999 under Sec. 4(1) of the Land Acquisition Act, 1894, for short The Act'', followed by a final notification under Sec. 6(1) on 28/9/2000, the Special Land Acquisition Officer, based on sales statistics, fixed the market value of the acquired land at 38.000/- per acre, by award dt. 27/2/2002. The land loser''s application under Sec. 18(1) of the Act for enhancement of compensation when referred to the III Addl. Civil Judge (Sr. Dn.), Mysore, was registered as LAC No. 352/05. One of the LRs. of the claimant was examined as PW-1 and marked two documents as Ex. P1 & P2. The Land Acquisition Officer did not lead evidence, however the general award and individual awards were marked as Ex. R1 & R2, by consent. The Civil Court having regard to the undisputed fact that the 24 guntas of land since acquired, was within the limits of Bythalli Village while several other lands acquired for the very same purpose were also in the same village, under different notifications, subject matter of Reference in LAC Nos. 341 to 347/05, whence the market value of the acquired lands was enhanced to 1,74,329/- per acre, and, following the opinion of this Court in State of Karnataka By Special Land Acquisition Officer & Ors. Vs. Mallappa & Ors. ILR 2003 KAR 2336 holding chat the rate of compensation for all the acquired lands similarly situated in the adjoining villages cannot be found fault with and liable to be confirmed, therefore, by judgment and award dated 2/7/2007, allowed the Reference and enhanced the market value of the acquired land to 1,74,329/- per acre.
The Special Land Acquisition Officer, aggrieved by the judgment and award, preferred LACA No. 77/2009 before the Principal District Judge at Mysore, who by judgment dated 12/7/2010, having found no merit, dismissed the appeal. Hence, this second appeal.
The only contention advanced by the learned HCGP for the appellant is that the land measuring 24 guntas in Bythalli Village is not similar to the lands subject matter of LAC Nos. 341 to 347/05, though the lands are situated in the very same village, acquired under different notifications and for the very same public purpose of forming Varuna Nala. Having heard the learned HCGP, perused the pleadings and examined the judgment and award of the Courts below, in the absence of any distinct material brought on record in the evidence, both oral and documentary, before the reference court, this court cannot hasten to conclude that the acquired lands did not offer a comparable value in particular, when the award earlier passed in LAC Nos. 341 to 347/05, has already attained finality.
No substantial question of law arise for decision making and the appeal is accordingly dismissed.