Research › Browse › Judgment

Supreme Court of India · body

1996 DIGILAW 1554 (SC)

Special Land Acquisition Officer, Srirangapatnam v. Nagegowda

1996-08-23

G.B.PATTANAIK, K.RAMASWAMY

body1996
ORDER Leave granted. We have heard learned counsel for the both sides. 2. Notification under Section 4(1) of the Land Acquisition Act, 1894 was published on December 26, 1985 acquiring, land admeasuring 5 acres 21 gunthas for the purpose of formation of Hemavathi left bank canal. The Land Acquisition Officer awarded compensation on February 23, 1988 @ Rs. 4,800/- per acre. On reference, the civil Judge relying upon Ex. P-3 awarded compensation @ Rs. 20,000/- per acre. He categorically rejected the contention of the claimant that he was growing sugarcane hybrid jowar and mulberry getting a full yield of Rs. 25,000/- per acre. On appeal, the High Court by impugned judgment dated August 18, 1994 in FA No. 1311/94 confirmed the same. Thus this appeal by special leave. 3. Having considered the facts and circumstances in this case, we-think that reasonable compensation would be Rs. .10,000 per acre. The judgment referring to Ex.A-3 has been placed before us and it indicates that it related to land with coconut trees. Even the amount awarded by the civil Judge in that case is now subject matter. In the appeal before the District Judge filed under Section 54 of the Act. Under these circumstances, Ex.A-3 is absolutely irrelevant for determination of the compensation. Accordingly, the respondent is entitled to enhanced compensation @ Rs. 10,000/- per acre with solatium at 30% under Section 23(2); interest under Section 28 at 9% for one year from the taking of possession and at 15% thereafter on enhanced compensation till date of deposit into court and additional amount under Section 23(1-A) at 13% per annum from the date of issue of Section 4(1) notification till date of the award. 4. The appeal is accordingly allowed. No costs. Appeal allowed accordingly. ********** Parallel Citations of other Journals : The Special Land Acquisition Officer, Srirangapatnam v. Nagegowda, 1996(6) Supreme 642 : JT 1996(7) SC 659 00025