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1996 Supreme(SC) 1197

G.B.PATTANAIK, K.RAMASWAMY
Land Acquisition Officer And Assistant Commissioner, Mangalore – Appellant
Versus
Belekal Krishna Bhat – Respondent


ORDER

A notification under Section 4(1) of the Land Acquisition Act 1 of 1894 (for short, the Act ) was published in the State Gazette on September 17, 1970 acquiring 11 cents of land in question for establishing a post office. The Land Acquisition Officer determined the compensation at Rs. 2,50,000/- per acre. On reference, the Civil Judge by his award and decree dated May 28, 1977 enhanced the compensation to Rs. 4,50,000 per acre. On further appeal under Section 54 of the Act, the High Court by the impugned judgment dated May 26, 1982 further enhanced the amount to Rs. 6,00,000/- per acre. Thus this appeal by special leave.

2. It is not in dispute that the respondent relied upon the sale deed (Exhibit P-9) dated August 12, 1970 executed by P.W. 2 under which 71/12 cents were sold at the rate of Rs. 48,000/- which worked out of the rate of Rs. 6 lakhs per acre. Another document relied on was Exhibit P-7, lease deed dated July 10, 1961 with provision renewal for a further period of ten years. The renewal from time to time first of which would be in July 19, 1971 with the enhanced lease amount which would work out on applying suitable multiplier to the rate of Rs. 5,280/- per year.




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