The Spl. Land
Acquisition Officer Vs. Virupax Shankar Nadagouda [1996] INSC 993 (21 August 1996)
Ramaswamy,
K.Ramaswamy, K.G.B. Pattanaik (J)
CITATION:
1996 SCALE (6)288
ACT:
HEAD NOTE:
O R D
E R
The
Land Acquisition Officer awarded compensation Rs.3,500/- per acre for bagayat
land and for the rest of the land (jirayat dry) at Rs.960/- per acre. On
reference, the civil Judge enhanced the compensation to Rs.10,000/- per acre
for bagayat lands in which sugar cane was grown and for the rest of the land he
granted at Rs.4000/- per acre. The High Court of Karnataka in the impugned
judgment dated September
9, 1988 confirmed the
same. Thus these appeals by special leave.
Two
contentions have been raised by Shri Veerappa, learned counsel for the
appellant. The reference Court had wrongly applied multiplier of 15 years in
computing the annual yield. This Court in Land Acquisition Officer vs. P. Veerabhadrappa
etc.etc. [(1984) 2 SCR 386] followed in other judgments, had held that 10
years' multiplier would be the proper method of calculation of the
compensation.
Accordingly
10 years' multiplier should be applied in determining compensation under
Section 23 (1) of the Land Acquisition Act, 1894. He also contended that
separate compensation granted the well in the sum Rs.13,000/- is not valid in
law. When the owner of the land is getting the water drawn from the well to
raise the crops and when he claims compensation for the land on the basis of
the yield, he cannot separately claim compensation for the well.
Therefore,
the reference Court obviously was in error in granting compensation for the
well at Rs.13,000/-. It is accordingly set aside. 10 years multiplier should be
applied to the annual value of The yield for calculation of compensation under
Section 23 (1) of the Act. The reference Court accordingly is directed to
recalculate the compensation under these principles and determine compensation
and pay over the respondents. If the amount has already been recovered it would
be open to the appellant to recover the balance amount.
The
appeals are accordingly allowed. No costs.
Back
Pages: 1 2
