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1985 Supreme(SC) 13

O.CHHINNAPPA REDDY, R.B.MISRA
Special Land Acquisition Officer, Bangalore: B. M. Narayanaswami: B. M. Ramaswamy – Appellant
Versus
B. M. Krishnamurthy: Special Land Acquisition Officer: Special Land Acquisition Officer – Respondent


Advocates:
ASHOK SHARMA, K.J.JOHN, K.RAJENDRA CHAUDHARY, M.C.BHANDARE, M.VIRAPPA, N.SRINIVASAN, R.B.DATAR, S.S.JAVALI

JUDGMENT

CHINNAPPA REDDY, J. - All the three cases before us arise out of land acquisition proceedings. The result of SLP 3450 of 1974 is entirely dependent on the result of Civil Appeal 1127 of 1974 while the result of Civil Appeal 992 of 1971 is partly dependent on the result of Civil Appeal 1127 of 1974. We therefore, consider it desirable to deal with Civil Appeal 1127 of 1974 first.

2. Pursuant to a notification dated May 2, 1962 under Section 4(1) of the Land Acquisition Act, lands in the village of Byappanahalli were acquired for the purpose of construction of a marshalling yard for the Railway. Out of the total extent of land so acquired except a parcel of 4 acres and 20 guntas and another parcel of 1 acre and 13 guntas which are respectively the subject matter of Civil Appeal 1127 of 1974 and SLP 3450 of 1974, the rest of the lands were agricultural lands. These two parcels of land had been permitted by the appropriate authorities to be converted for non-agricultural use. The Land Acquisition Officer awarded compensation at the rate of Rs. 5000 an acre in respect of dry lands, Rs. 10,000 an acre in respect of wet and garden lands and Rs. 750 an acre in respect of Kharab la




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