Sharadarani Srinivas Vs. Special Land Acquisition Officer & ANR.  INSC
1209 (14 July 2009)
APPELLATE JURISDICTION CIVIL APPEAL NO.6202 OF 2001 K. Sharadarani Srinivas
...Appellant(s) Versus Special Land Acquisition Officer & Anr.
...Respondent(s) O R D E R Heard learned counsel for the parties.
appellant's land situated within the area of Bagalkot Municipality was acquired
in the year 1991. For this purpose, Notification under Section 4(1) of the Land
Acquisition Act, 1894 [for short "the Act"] was issued on 4.9.1991.
By an award dated 15.2.1995, the Land Acquisition Officer fixed the market
value of the land at Rs.175 per sq. meter. On an application made by the
appellant, the Collector made a reference under Section 18 of the Act. Before
the Reference Court, the appellant filed three sale deeds dated 1.4.1952,
9.1.1957 and 19.10.1977 which were marked as Exhibits P.2, P.3 and P.4
respectively. The Reference Court relied upon Exhibit P.4 vide which 300 sq.
feet land was sold for a sum of Rs.10,702/- (Rs.384 per sq. meter) and enhanced
the compensation from Rs.175 per sq. meter to Rs.700 per sq. meter by giving
ten per cent increase per annum.
-2- On an appeal filed by the Special Land Acquisition Officer under Section
54(1) of the Act, the High Court modified the award of the Reference Court and
reduced the compensation from Rs.700 per sq. meter to Rs.380 per sq. meter.
Hence, this appeal by special leave.
counsel for the appellant relied upon the judgment in Special Land Acquisition
Officer, BTDA, Bagalkot vs. Mohd. Hanif Sahib Bawa Sahib - 2002 (3) SCC 688 to
show that in respect of the land acquired for new township of Bagalkot,
increase of ten per cent per annum has been approved by this Court and submitted
that in view of that judgment, award passed by the Reference Court may be
restored. Learned counsel for the respondents submitted that compensation
awarded for the land which was subject matter of the case cited by the learned
counsel was at the rate of only Rs.8 per sq. feet and, therefore, the principle
laid down therein cannot be made basis for upsetting the impugned judgment.
carefully gone through the judgment in Special Land Acquisition Officer, BTDA,
Bagalkot vs. Mohd. Hanif Sahib Bawa Sahib and are of the view that the issue
raised in the present appeal is squarely covered by the aforesaid judgment
because this Court categorically upheld the increase of ten per cent per annum
with reference to the sale deed of an earlier year.
the civil appeal is allowed, impugned order rendered by the High Court is set
aside and the same passed by the Reference Court is restored.
......................J. [B.N. AGRAWAL]
......................J. [G.S. SINGHVI]
July 14, 2009.