Full Judgment Text
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PETITIONER:
THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOAR
Vs.
RESPONDENT:
P.M. MALLAPPA & ORS.
DATE OF JUDGMENT: 14/03/1997
BENCH:
K. RAMASWAMY, G.T. NANAVATI
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Notice on other respondents has been served. They are
not appearing either in person or through counsel. Delay
condoned. S.R. Bhatt appears for one respondent in one
appeal.
Leave granted
These appeals, by special leave, arise from the
judgment of the Division Bench of the Karnataka High Court,
dated December 22, 1995 made in M.F.A. Nos. 2688/88 and
batch.
Notification under section 4(1) of the Land Acquisition
Act (for Short, the ’Act’) acquiring a large extent of land
was published on March 25, 1971. The Land acquisition
Officer in ....... award granted compensation at the rate of
Rs. 8,000/- per acre for the dry lands with which we are not
concerned. We are not concerned with other land because
there is no appeal in the behalf. On reference under
section 18 of the Act, the Civil Court enhanced the
compensation to Rs. 15,000/- per acre. The High Court
remitted the matter to the reference Court for
reconsideration. Thereafter, the reference Court enhanced
the compensation to Rs. 38,000/-. On appeal, the High Court
by the impugned judgment has enhanced the compensation to
Rs. 12/- per sq. yd. which amounts to Rs. 58.000/- per acre.
It is seen the since the respondents have not filed any
appeal under Section 26 of the Act against the award
granting enhanced compensation of Rs. 38,000/- per acre, we
do not propose to go into the enhancement granted by the
reference Court.
The only question is: whether the High Court would be
justified in enhancing the compensation to Rs. 12/- per sq.
yd., in other words, Rs. 58,000/- per acre. Admittedly, the
land is dry land and the land Acquisition Officer had
pointed out in his award that the converted lands for which
he had awarded compensation at the rate of Rs. 9,000/- and
Rs. 10,000/- per acre, bear different connotation to the
actual dry land existing as on that date. The potential
value shall be determined for the land existing as on the
date of the notification and not after subsequent developed
land bears no relevance to further enhancement of the value.
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Under these circumstances, the High Court has wholly
incorrect in enhancing the compensation to Rs. 12/- per sq.
yd., i.e. Rs. 58,000/- per acre.
The appeals are accordingly allowed and the judgment
and order of the High Court stand set aside and that of the
reference Court stands confirmed. No. Costs.