IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 23 RD DAY OF FEBRUARY, 2011 PRESENT THE HON’BLE MR. JUSTICE N.K.PATIL AND THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA MISCELLANEOUS FIRST APPEAL NO. 2966!2007(LAC) BETWEEN: THE SPECIAL LAND ACQUISITION OFFICER, UPPER KRISHNA PROJECT, BILAGI, TALUK-BILAGI, DISTRICT: BAGALKOT. APPELLANT (BY SRI. C.S. PATIL, AGA.) AND: SANGAPPA, S/O SHIVALINGAPPA KAKHANDAKI, AGE: MAJOR, 0CC: AGRICULTURE, R/O ROLLI, TALUK: BILAGI, DISTRICT: BAGALKOT. RESPONDENT (BY SRI. P.A. KULKARNI AND SRI. SANGAMESH G. PATIL, ADVS.) THIS MFA IS FILED UNDER SECTION 54(1) OF LA ACT AGAINST THE JUDGEMENT AND AWARD DATED: 17.11.2006 PASSED IN LAC NO. 93/2005 ON THE FILE OF THE CIVIL JUDGE(SRDN.), BILAGI, PARTLY ALLOWING THE REFERENCE PETITION FOR ENHANCED COMPENSATION. THIS APPEAL COMING ON FOR HEARING THIS DAY, N.K. PATIL 3., DELIVERED THE FOLLOWING: JUDGMENT This appeal is arising out of the common Judgment and Award dated 17.11.06 passed in LAC No.93/05 on the file of the Civil Judge (Sr. Dn.), Bilagi. The appellant contended that the quantum of compensation awarded by the Reference Court is on higher side and hence, liable to be reduced. 2. The undisputed facts of the case are that lands bearing different survey numbers situated at Rolli Village, Bilagi Taluk, Bagalkot Dist were acquired for Upper Krishna Project pursuant to the Preliminary Notification issued under 5.4(1) of the Land Acquisition Act, on 30.1.97. After issue of the final declaration, the Land Acquisition Officer passed the Award dated 30.11.99 where he fixed the market value at Rs.15,200/- per acre in respect of 4 acres of dry land and Rs.3,34,686/- in respect of land where pomogranate / ber crop was grown. Being aggrieved, the cross-objector filed application under S.18 of the Land Acquisition Act seeking enhancement of compensation before the jurisdictional Reference Court. The Reference Court, in turn, has awarded compensation of 2,5O,OOO/- per acre in respect of lands where pomogranate crop was grown, Rs.2,80,000/- per acre in respect of land where ber tree was grown and Rs.3,00,000/- in respect of land where mulberry crop was grown. Being dissatisfied with the Judgment and Award passed by the jurisdictional Reference Court, the appeflant — acquiring authority has filed this appeal. Sri C.S. Patil, learned AddI. Govt. Advocate appearing for the appellant conceded the fact that, in respect of the lands acquired for the very same Upper Krishna project where pomogranate crop was grown, the State has paid compensation at Rs.5,75,000/- per acre with statutory benefits and in fact, some matters were settled in the Lok Adalath and in respect of some other / / 4 cases, even in the appeals filed, this Court has awarded Rs.5,75,OOO/ per acre with statutory benefits and the State has not questioned such awards. Having heard the learned counsel, the appeal is devoid of merit. As against the market value determined in the Lok Adalath and in the appeals, compensation has been awarded at 5,75,OOO/- per acre where pomogranate crop was grown and 6,9O,OOO/- per acre in respect of mulberry crop was grown. The Reference Court has determined the market value at a much lesser amount, as noticed supra. Hence, the impugned Award cannot be termed as high and without any basis. In the result, the appeal fails and shall stand dismissed. No costs. rT j LLi JUDGE sac