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LAC 303/2002




Chitradurga Sub Division,
Chitradurga & another


1. Date of 4(1) LA act

31st August 1995

2. Date of taking possession

27th August 1994

3. Date of award by LAO

15th November 1999

4. Date of 12(2) by LAO

30th July 1999

5. Date of filing 18 application

11th October 1999

6. Date of reference by LAO to

22nd January 2000

this Honble court


The land bearing Sy no. 55 of Mylanahalli village, Talaku

Hobali, Challakere Taluku, Chitradurga District an extent of 2

Acres 22 Guntas of the Land acquired for the purpose of 66/11
KEB receiving station by 2nd respondent.

After final notification the AC & LAO passed an award in

LAQSR:4/1994-95 dated 31st March 1997 fixing the compensation

of Rs.12,000/- per acre with other statutory benefits.

After passing of the award LAO sent notice to the claimant

under section 12(2) dated 30th July 1999 and the claimant received
the compensation amount from LAO under protest.

The claimant filed an application under section 18 before the

LAO on 11th October 1999 and the LAO sent reference to this
Honble Court on 22nd January 2000 within limitation.

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After service of summons from this Honble Court the

claimant appeared and examined himself as PW1 and got marked

Ex P1 & P2 RTC, Ex P3 Mutation and Ex P4 rate list.

After closing the evidence, this Honble Court rejected the

reference on 14th December 2007 on the ground that the LAO has
not sent the reference to this Honble Court within 90 days.
Against the said judgement and award the claimant preferred an
appeal before the Principal District Judge at Chitrdurga in MA
(LAC) 18/13. The Honble District Judge allowed appeal and setaside the judgement of this Honble Court and remand this case to
this Honble Court for disposal in accordance with law. The
claimant did not chosen to lead fresh evidence after remand and
relied upon the earlier oral and documentary evidence.

Ex P1 & P2 RTC for the year 1991 to 1995-96 in these 2

documents the crops shown is ground nut, sunflower and other

crops. Ex P4 as pricelist issued by secretary, APMC, Challakere,
Date of 4(1) notification on 31st August 1995 and for the relevant
year 1995-96 RTC discloses groundnut crops The price of
groundnut for the year 1995-96 in the month of August maximum
price Rs.1420/- per quintal the average yield of groundnut in
Challakere Taluku 400 kg (4 quintal) per acre, is

taken in to

consideration and the same is multiplied by 4 x 1420 = 5680 x 10

= 56,800 deducting cost of cultivation 40% less remaining amount
of Rs.34,080/- is the actual market value per acre. This average
yield 4 quintal is also considered by this Honble Court in LAC
1/2013 to 4/2013, for reference certified copy of the judgement
enclosed. In this case the total extent of land acquired is 2 acres
22 guntas.

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Therefore, claimant entitled Rs.34,080/- per acre in addition to

market valve the claimant also solatium at the rate of 30% and
also entitled addition al market value at 12% from the date of
taking possession till the date of respondent award and also
entitled interest for the 1st year 9% for subsequent year at 15% on
entire compensation which includes market value, additional
market valve and solatium from the date of taking possession till
the date of payment, therefore it is humble prayed that this
Honble Court be pleased to allow the reference by awarding
compensation with cost.

Four quintal groundnut crop per year reported in


1983 Karnataka Page 16.


AIR 2001 SC Page 3516 compensation defined market

value, additional market value and solatium includes


Interest to be paid on compensation from the date of

taking possession till the date of payment of award.

Date : 07th July 2014

Place : Challakere

Advocate for Claimant