Full Judgment Text
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PETITIONER:
THE SPECIAL LAND ACQUISITION OFFICER,SRIRANGAPATNAM
Vs.
RESPONDENT:
NAGEGOWDA
DATE OF JUDGMENT: 23/08/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
JT 1996 (7) 659
ACT:
HEADNOTE:
JUDGMENT:
THE 23RD DAY OF AUGUST, 1996
Present:
Hon’ble Mr. Justice K. Ramaswamy
Hon’ble Mr. Justice G.B. Pattanaik
K.R.Nagaraja, Adv. for the appellant
Shanta Kr. and K.K. Gupta, Advs. for the Respondent
O R D E R
The following order of the Court was delivered:
The Special Land Acquisition Officer,
Srirangapatnam
V.
Nagegowda
O R D E R
Leave granted.
We have heard learned counsel on both sides.
Notification under Section 4 [1] of the Land
Acquisition Act, 1894 was published on December 26, 1985
acquiring land admeasuring 5 acres 21 gunthas for the
purpose of formation of Hemavathi left bank canal. The Land
Acquisition Officer awarded compensation on February 23,
1988 @ Rs. 4800/- per acre. On reference, the civil Judge
relying upon Ex.P-3 awarded compensation @ Rs. 20000/- per
acre. He categorically rejected the contention of the
claimant that he was growing sugarcane, hybride jowar and
mulberry getting a full yield of Rs. 25000/- acre. On
appeal, the High Court by impugned judgment dated August 18,
1994 in FA No. 1311/94 confirmed the same. Thus this appeal
by special leave.
Having considered the facts and circumstances in this
case, we think that reasonable compensation would be Rs.
10000/- per acre. The judgement referring to Ex. A-3 has
been placed before us and it indicates that it related to
land with coconut trees. Even the amount awarded by the
civil judge in that case is now subject matter in the appeal
before the District Judge filed under Section 54 of the Act.
Under these circumstances, Ex. A-3 is absolutely irrelevant
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for determination of the compensation. Accordingly, the
respondent is entitled to enhanced compensation @ Rs.
10000/- per acre with solatium at 30% under Section 23 [2],
interest under Section 28 9% for one year from the taking of
possession and at 15% thereafter on enhanced compensation
till date of deposit into court and additional amount under
Section 23 [1-A] at 13% per annum from the date of issue of
Section 4 [1] notification till date of the award.
The appeal is accordingly allowed. No costs.