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1995 Supreme(SC) 875

B.L.HANSARIA, K.RAMASWAMY
Special Land Acquisition Officer, Bangalore – Appellant
Versus
Dyavappa – Respondent


Advocates:
BIMAL ROY JAD, J.Y.MOHAN, RANJIT GHOSAL, S.S.JAVALI

ORDER

1. A notification under Section 4(1) of the Land Acquisition Act (for short the Act) was published on 6-10-1975 acquiring Ac. 7.14 cents of land near Bangalore for Agriculture University. Pursuant to the notice under Sections 9 and 10, the respondents claimed compensation at the rate of Rs 60,000 per acre. The Land Acquisition Collector awarded compensation for the agricultural land to the extent of Ac. 5.20 cents, @ Rs 12,000 per acre and for Ac. 1.34, he awarded @ Rs 1000 per acre, treating the same as phot-kharab land. On reference under Section 18, the Court relying upon a saledeed, Ext. P-6 dated 24-2-1975 to an extent of Ac. 1.8 cents sold at Rs 50,000 per acre which was purchased for setting up of a factory, awarded Rs 42,500 per acre. Being dissatisfied, the appellant preferred appeal before the High Court, which by its impugned judgment dated 7-9-1979 confirmed the same, against which these appeals by special leave have been filed.

2. Two contentions have been raised by Mr M. Veerappa, learned counsel for the appellant. First, it is argued that in view of the fact that the lands under Ext. P-6 are situated at a distance of 2 to 3 furlongs from the acquired lands, it wo



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