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2000 Supreme(SC) 1829

RUMA PAL, A.P.MISRA
AGRICULTURAL PRODUCE MARKET COMMITTEE – Appellant
Versus
N. S. K. KHAJA MOTHIDEEN SAHEB (DEAD) BY LRS – Respondent


( 1 ) THE present appeals are by the Agricultural Produce Market committee, a statutory body under the Karnataka Agricultural Produce marketing (Regulation) Act,. 1966. It has challenged the quantum of compensation awarded to the claimant on the facts and circumstances of the present case.

( 2 ) SECTION 4 (1) of the notification was issued on 17-11-1977 proposing to acquire about 50 acres of land for the benefit of the petitioner Committee. After enquiry, the Land Acquisition Officer fixed it at the rate of Rs 5000 per acre. The claimant aggrieved by this went in reference. The Reference Court relying on Ext. P-1 and Ext. P-4 enhanced the compensation to Rs 85,000 per acre. Ext. P-1 is an award passed in the year 1944 whereby 2 acres and 11 guntas of land was acquired in which compensation fixed was Rs 3630 per acre. The Reference Court basing this, added 10 per cent appreciation per year from 1944 to 1977 to arrive at a figure of Rs 85,000 per acre. It is this enhancement which is challenged in the present appeals. The second challenge is, from this amount there has been no deduction for the development charges. Hence this fixation cannot be accepted to be the true compensation aw















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