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1985 Supreme(Kar) 463
Karnataka High Court
Special Land Acquisition Officer - Appellant
Versus
Ayyappa Yamanappa Kirasur - Respondent
Decided On : 12-30-85
M.F.A. : 551 of 1983
D.S.Hosmath, H.B.DATAR, R.P.HIREMATH
The amended provisions of the Land Acquisition Act applied to the proceedings pending on the file of the Civil Judge when the Amending Bill of 1982 was introduced in the Parliament on 30-4-1982. The court also determined the compensation amount for dry lands at Rs. 8,680 per acre with solatium at 30% and future interest at 9% as per the amended provisions of the Land Acquisition Act.
Headnote:
Land Acquisition - Compensation - Sections 4(1), 6, 23, 28, 30(2) of the Land Acquisition Act - The court modified the judgment and awards passed by the lower court, allowing the appeals in part. The claimants were awarded Rs. 8,680 per acre for dry lands with solatium at 30% and future interest at 9% as per the amended provisions of the Land Acquisition Act. If the compensation amount is not deposited within one year from the date of dispossession, the claimants are entitled to future interest at the rate of 15% instead of 9%. Each party was ordered to bear their own costs in the appeals.
Fact of the Case:
The lands were acquired by the Government for the purpose of Upper Krishna Project and on account of submersion of these lands in respect of a reservoir, in pursuance of the preliminary notification issued under Section 4(1) of the Land Acquisition Act, published in the Government Gazette dated 11-2-1980. The claimants received the compensation amount under protest and sought a reference to the Court of Civil judge.
Finding of the Court:
The court modified the judgment and awards passed by the lower court, allowing the appeals in part. The claimants were awarded Rs. 8,680 per acre for dry lands with solatium at 30% and future interest at 9% as per the amended provisions of the Land Acquisition Act. If the compensation amount is not deposited within one year from the date of dispossession, the claimants are entitled to future interest at the rate of 15% instead of 9%. Each party was ordered to bear their own costs in the appeals.
Issues: The issues before the court included the multiplier to be adopted, the number and nature of crops grown, the effect of the amendment of the Land Acquisition Act which came into force in 1984, and the classification of the lands based on assessment.
Ratio Decidendi: The court held that the amended provisions of the Land Acquisition Act applied to the proceedings pending on the file of the Civil Judge when the Amending Bill of 1982 was introduced in the Parliament on 30-4-1982. The court also determined the compensation amount for dry lands at Rs. 8,680 per acre with solatium at 30% and future interest at 9% as per the amended provisions of the Land Acquisition Act.
Final Decision: The court modified the judgment and awards passed by the lower court, allowing the appeals in part. The claimants were awarded Rs. 8,680 per acre for dry lands with solatium at 30% and future interest at 9% as per the amended provisions of the Land Acquisition Act. If the compensation amount is not deposited within one year from the date of dispossession, the claimants are entitled to future interest at the rate of 15% instead of 9%. Each party was ordered to bear their own costs in the appeals.
( 1 ) ALL these appeals by the claimants are directed against the common judgment and awards dated 31-8-1982 passed by the Civil judge Jamakhandi, in L. A. C. Nos. 39/82, 44/82, 43/82, 48/82, 46/82, 41/82, and 40/82, awarding a compensation of Rs. 16,750/- per acre in respect of irrigated land and awarding Rs. 9975/- per acre in respect of dry land.
( 2 ) SY. No. 24 measuring 18 acres and 13 guntas and 17 guntas of phot karab, and Sy. No. 35/2a measuring 4 acres, and Survey No. 35/2b measuring 4 acres and 35 guntas are involved in Misc. First Appeal 551/83. Sy. No. 39/1 + 2ab measuring 7 acres and 27 guntas is involved in M. F. A. 545/83. Sy. No. 36/2 measuring 8 acres and 25 guntas is involved in M. F. A. 547/83, Sy. No. 23/2b measuring 3 acres and 37 guntas + P. K. O-3 guntas is involved in M. F. A. 548/83. Sy. No. 27/1a measuring 1 acre and 14 guntas and 6 guntas of phot karab is involved in m. F. A. 549/83. Sy. No. 43/2 measuring 5 acres and 33 guntas is involved in M. F. A. 550/83. Sy. No. 32/1 + 2 measuring 7 acres 27 guntas and 1 acre and 20 guntas of phot karab is involved in M. F. A. 552/83, and Sy. No. 29/1a + B/2 + 3 measuring 15 acres, 15 guntas and 1 acre and 20 guntas phot karab is involved in M. F. A. 553/83. The said lands was acquired by the Government for the purpose of Upper Krishna Project and also on account of submersion of these lands in respect of a reservoir, in pursuance of the preliminary notification issued under Section 4 (1) of the Land Acquisition Act, published in the Government Gazette dated 11-2-1980. Thereafter, the final notification was also issued under Section 6 of the Land acquisition Act.
( 3 ) THE L. A. O. after enquiry awarded compensation at Rs. 3,000/- per acre for medium lands and Rs. 3,200/-per acre for good dry lands. He awarded compensation at the rate of Rs. 4,400/- per acre of good irrigated land and at Rs. 4,200/-per acre of the medium type of irrigated land and at rs. 4,000/-per acre for inferior irrigated land.
( 4 ) THE claimants received the compensation amount under protest and sought a reference to the Court of Civil judge.
( 5 ) ON reference to the Civil Court, the civil Judge awarded compensation at the rate of Rs. 16,950/- per acre of irrigated land and awarded Rs. 9,975/- per acre of dry land.
( 6 ) THE L. A. O. Upper Krishna Project bagalkot being aggrieved by the enhancement ordered by the Civil Judge, has come up with these appeals.
( 7 ) THE points urged before us are : (i) what is the multiplier that should be adopted in the case, (ii) the number and nature of crops grown and as to what is their price, (iii) whether the fertility of the lands should be determined only with reference to the assessment and (iv) what is the effect of the amendment of the Land Acquisition Act which has come into force in 1984.
( 8 ) LEARNED Government Advocate submitted that the L. A. O. had divided the lands into good type, medium type and inferior type on the basis of the assessment. The L. A. O. , in the course of the award at one stage, has treated the lands assessed at 1. 82 to 2. 55 per acre as good land, and treated the lands assessed at 1. 07 to 1. 81 per acre as medium type lands and has treated the lands assessed at 0. 0 to 1. 6 as inferior lands. But, however, in the course of the award passed by him, he has given a go-by to the said alleged classification made by him. In the award as well as in his evidence, the l. A. O. has stated thus:"there is a slight difference between the fertility of good type of dry land and medium type of dry land. All these petition lands are well bounded, levelled, properly maintained and are of high fertility. "when this is the view of the L. A. O. himself, not only in the course of passing of the award but also in the course of the evidence given by him before the Court, we think that k is not proper and safe to classify the lands only on the basis of the assessment.
( 9 ) LEARNED Counsel Hiremath referred us to Special Land Ac
