Full Judgment Text
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CASE NO.:
Appeal (civil) 3193-3215 of 1982
PETITIONER:
ADDL. SPECIAL LAND ACQUISITION OFFICER
RESPONDENT:
YAMANAPPA BASALINGAPPA CHALWADI
DATE OF JUDGMENT: 22/02/1994
BENCH:
K. RAMASWAMY & N. VENKATACHALA
JUDGMENT:
JUDGMENT
1994(2) SCR 121
The following Order of the Court was delivered
These appeals by Special leave arise from the Judgment of the High Court of
Karnataka dated August 10, 1981 in Misc. Appeal Nos. 1406-1428/1981. The
High Court following its earlier Judgment in Special Land Acquisition
Officer, Hassan v. Mallesha M.S.,(1975) 2 Mysore Law Journal p.74, applying
a multiplier of 15 years for the average annual income for Rs. 720 per acre
upheld the fixation of the market value at Rs.800 per acre. Thus these
appeals by Special Leave. Notification under Sec.4(l) dated March 13, 1980
was published in the State Gazette on July 24, 1980 acquiring 10 acres of
land for Upper Krishana Project. The District Judge found from the evidence
that the lands are madikattu lands and two dry crops of groundnuts in the
first season, Jowar of cotton in the second rabi season were being raised
in those lands. He determined the market value of the crop at Rs.720 after
deducting the expenses incurred thereof. Though it is doubtful whether two
crops could be raised in dry lands, under appeal ve proceed on the footing
that the evidence adduced would show that in the lands under acquisition
two crops were raised and that annual yield was at Rs.720 per acre. But the
crucial question is what is the suitable multiplier which would be
applicable to the agricultural crops. This question is squarely covered by
a Judgment of this Court in Special land Acquisition Officer, Davangere v.
P. Veerabharappa & Ors., [1984] 2 SCC p. 120. While disposing of batch of
the appeals this Court held that ten years multiplier would be the proper
method in determining the total market value by following the method of
capitalisation as just and reasonable principle. We find that this
principle is quite consistent with the valuation of the land allowed by
multiplying the value of the annual yield, in the absence of any other
acceptable evidence. Following the ratio we hold that ten years multiplier
is the proper method of valuing the lands by capitalisa-tion method. The
appeals are accordingly allowed in part and the respon-dents are entitled
to the solatium at 15% and interest @ 5% from the date of taking possession
till date of deposit. The appellant is entitled to recover the balance
amount from the respondents. No cost.