S.SAGHIR AHMAD, G.B.PATTANAIK, K.RAMASWAMY
Gurlingappa – Appellant
Versus
Assistant Commissioner And Land Acquisition Officer, Gulbarg – Respondent
ORDER
Delay condoned.
2. Notification under Section 4(1) of the Land Acquisition Act, 1894 was published in October 1977 for construction of Amerja Project. The Land Acquisition Officer in his award under Section 11 awarded compensation @ Rs. 3,000/- per acre. On reference, the District Court enhanced the compensation to Rs. 6,300/- per acre for dry lands and Rs. 9,820/- per acre for Bgayat Lands (cultivable lands). On appeal, the High Court dismissed the same and confirmed the award of the reference Court. Thus, this special leave petition.
3. It is contended for the petitioners that in similar circumstances, the Additional Civil Judge has enhanced the compensation to Rs. 12,000/- per acre for the irrigated land and Rs. 8,000/- per acre for the dry lands and confirmed by the judgment of the High Court in RFA Nos. 1160 and 1825/92 and, therefore, the petitioners also are entitled to the same compensation. We find no force in the contention. It is now well settled legal position that in compulsory acquisition, the Court would sit in the arm-chair of a willing purchaser and would ask whether as a reasonable prudent vendee, he would offer in the open market the rate of market value propo
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