Full Judgment Text
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PETITIONER:
THE SPECIAL LAND ACQUISITION OFFICER,KALINADAI (HYDRO-ELECTR
Vs.
RESPONDENT:
VASANT GUNDU BALE
DATE OF JUDGMENT31/10/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
KIRPAL B.N. (J)
CITATION:
1995 SCC Supl. (4) 649 JT 1995 (8) 158
1995 SCALE (6)305
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Notification under Section 4(1) of the Land Acquisition
Act, 1894 (for short, ‘the Act’) acquiring an extent of six
acres 21 Gunthas of land for Hydro Electric Project was
published on August 12, 1975. The Land Acquisition Officer
awarded compensation at various rates for wet land, dry
land, garden land and phot-kharab land. On reference under
Section 18, the Civil Court enhanced the compensation at a
uniform rate of Rs.15,520/- per acre. On appeal under
Section 54, the High Court enhanced the compensation to
Rs.18,000/- per acre. Dissatisfied therewith, the State
Government has filed this appeal by special leave.
Sri Veerappa, the learned counsel for the State, has
contended that the High Court committed grave error of law
in recording a finding that lands were possessed of
potential value for building purposes. We find no force in
the contention. It is seen that when 7,800 tenaments were
constructed in the project area, it would be clear that a
township had come into existence. It is an admitted fact
that the land under acquisition is abut the township. It is
also an admitted fact that in Ext.A-12 sanction was obtained
on September 13, 1973 for conversion of agricultural lands
into urban lands of the layout and sale of plots which could
not take place due to the fact that mud was dumped on this
land. Consequently, the sanction came to be cancelled by the
Assistant Commissioner. Be that as it may, the High Court on
the basis of the rental value had determined compensation at
the rate of Rs.1200/- per acre applying the multiplier of 15
and arrived at the net income at Rs.18,00/- per acre. It is
now settled law that the uniform rate of multiplier of 10 is
being applied for the lands acquired even in the State of
Karnataka. Even acceding the multiplier of 12 as held by
this Court in Special Land Acquisition Officer, Davangree
vs. P. Veerabhadarappa and Ors. [1984 (2) SCC 120], the
claimant cannot get more than Rs.14,000/- per acre. Since
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the State had not filed the appeal against the enhanced
compensation under Section 26 of the Act, the amount awarded
by the Reference Court had become final. Therefore, this
Court cannot interfere with and reduce the compensation less
than the amount awarded by the Civil Court. The enhanced
compensation stands upheld at the rate of Rs.15,520/- per
acre with solatium at the rate of 15% and 15% interest on
the enhanced compensation.
The appeal is accordingly allowed but in the
circumstances without costs.