The beneficiary of acquisition of land namely the

University of Agriculture and Sciences, Dharwad, is

questioning the compensation awarded in respect of Sy.

No.399

measuring

9

acres

21

guntas

situated

in

Sankeshwar village, Tq: Hukkeri.

2.

Section 4(1) notification to acquire the above-

said land and some other adjoining lands, which are not

the subject matter of this appeal, was published on

06.10.1972.

The

Special

Land

Acquisition

Officer

(hereinafter referred to as ‘SLAO’ for short) passed the

award on 07.05.2009. In between this period, there were

several other litigations, which delayed the passing of the

award. The detailed references to those proceedings are

not necessary for the adjudication of this appeal.

3.

The reference sought by the land loser was

adjudicated in LAC No.7/2010, on the file of Senior Civil

Judge, Hukkeri, which in terms of impugned judgment and

award dated 13.06.2014, allowed the reference petition in

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part and enhanced the compensation payable to the land

acquired by fixing the market value at Rs.4,00,000/- per

acre, excluding the Kharab, if any. The award conferred

statutory benefits as well. Since, the said land was said to

be in possession of a tenant, as on the date of 4(1)

notification, 70% of the compensation is ordered to be

payable to the landlord and 30% to the tenant. The

beneficiary named above seeks to take exception to the

compensation awarded by the reference Court.

4.

Heard learned counsel for the parties and

perused the records.

5.

Learned counsel for the appellant, Sri.K.L.Patil

elaborating his submissions on the grounds urged in the

appeal memo, would place reliance on the judgment

passed by the Co-ordinate Bench of this Court in MFA

No.7747/2004 (LAC), which was decided on 20.04.2009.

In the said judgment, this Court has fixed the valuation of

Rs.6.33 per Sq.ft. in respect of lands adjoining to the

national highway and Rs.4.50 per Sq.ft in respect of lands

5

not adjoining to the national highway. It is noticed from

the

said

judgment

that

the

lands

bearing

Sy.Nos.398/1D+2A measuring 6 acres 6 guntas and

398/1A measuring 12 guntas, were the subject matter of

the said appeal. These lands are adjoining to Sy. No.399

which is the land in question in this appeal. Placing reliance

on the said judgment, learned counsel for the appellant

would urge that the compensation awarded by the

reference Court has to be reduced to Rs.4.50 per Sq.ft or

at any rate Rs.6.33 per Sq.ft.

6.

Learned counsel appearing for the respondents

would submit that the land belonging to the land loser is

adjacent to national highway No.4. Based on this it is

urged that there is no scope for reducing the compensation

payable to the land loser. It is also urged that the

compensation payable is Rs.9 per Sq.ft and not Rs.6.33

per Sq.ft. Learned counsel referred to the compensation

awarded in the year 1986 at Rs.9 per Sq.ft in respect of

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similar land and accordingly prays for enhancement of

compensation.

7.

We have gone through the records and

particularly Ex.P.21, the notice and Ex.P2, the map. From

these documents, it is clear that the national highway is

adjoining to the land acquired. However, the contention of

the respondent that the market value of Rs.9 per Sq.ft is

to be awarded cannot be accepted for the simple reason

that the market value of Rs.9 per Sq.ft was fixed in respect

of land acquired in the year 1986. However, the land in

question was acquired in terms of notification of the year

1972. Thus, the market value determined in respect of

acquisition made in the year 1986 cannot be treated as the

market value of the land in the year 1972.

8.

The alternative contention that the market

value of the land acquired is to be considered at the rate of

Rs.6.33 per Sq.ft treating entire lands like the one

adjacent to the national highway also does not merit

consideration. The reason is not far to seek. Though the

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national highway runs adjacent to the land acquired, from

the sketch it is noticed that the