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2004 Supreme(SC) 140

S.N.VARIAVA, H.K.SEMA
V. SUBRAHMANYA RAO – Appellant
Versus
LAND ACQUISITION ZONE OFFICER – Respondent


ORDER

1. These appeals are against the common judgment of the High Court

dated 6-9-2001.

2. Briefly stated, the facts (in CA No. 979 of 2003), are as follows:

The appellants land was acquired pursuant to Section 4 notification dated 11-6-1985. Not being satisfied with the award, the appellant claimed reference. In the reference proceedings, he gave evidence to the following effect:

"My net income per year per acre of land was around Rs 10,000. I have claimed compensation by applying the multiplier theory for 16 years. In our area land of similar nature had been sold at the rate of Rs 80,000 in the year of acquisition. These are the certified copies of two sale deeds marked as Exts. 2 and 3. This is the certified copy of the order in LA Misc. Case No.7 of 1987 and the Honble Court has awarded Rs 1 lakh 50 thousand marked as Ext. 4. This is the consolidation ROR in respect of the land of my father marked as Ext. 5. I claim that compensation be awarded at the rate of Rs 80,000 per acre or on the basis of 16 years yield."

3. The Reference Court fixed the value of the land at Rs 1,50,000 per acre mainly relying upon the judgment in LA Misc. Case No. 98 of 1986. In that case land of one B























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