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2023 Supreme(Online)(KAR) 12216

BENCH AT KALBURAGI
KASHAMMA – Appellant
Versus
THE SPL LAND ACQUISITION OFFICER AND ANR – Respondent


The land bearing Sy.No.68 of Kamalapur village of

Bhalki Taluk measuring 4 acres 19 guntas was notified

under Section 4(1) of the Land Acquisition Act, on

21.09.1978 and thereafter an award came to be passed on

16.12.2010, by which a sum of `2,400/- per acre was

offered by the Land Acquisition Officer.

The Reference Court on enquiry came to the

conclusion that the claimant was entitled to a sum of

`40,000/- per acre and in appeal the District Judge

enhanced the compensation of `88,000/-.

3.

Being dissatisfied the claimant is in appeal.

4.

Learned counsel for the claimant contended that the

claimant had raised both banana as well as chilly crops

and as per Ex.P5, a certificate issued by the Horticulture

Officer, a total of 1200 banana plants could be raised in an

- 3 -

acre and yet the District Judge has considered the number

of plants that had been raised at 1100 on the basis of a

further assessment made in Ex.P.5.

5.

Learned counsel for the appellant also submitted that

no assessment is made for the chilly crops that the

claimant had raised and the multiplier of 10 applied would

be inadequate.

6.

As far as the second contention that the chilly crops

were also raised along wi

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