The Special Land Acquisition Officer, Srirangapatnam Vs. Nagegowda  INSC
1005 (23 August 1996)
K.Ramaswamy, K.G.B. Pattanaik (J)
JT 1996 (7) 659
23RD DAY OF AUGUST, 1996 Present:
Mr. Justice K. Ramaswamy Hon'ble Mr. Justice G.B. Pattanaik K.R.Nagaraja, Adv.
for the appellant Shanta Kr. and K.K. Gupta, Advs. for the Respondent
O R D
following order of the Court was delivered:
The Special Land Acquisition Officer, Srirangapatnam V. Nagegowda
O R D
have heard learned counsel on both sides.
under Section 4  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. 4800/-
per acre. On reference, the civil Judge relying upon Ex.P-3 awarded
compensation @ Rs. 20000/- per acre. He categorically rejected the contention
of the claimant that he was growing sugarcane, hybride jowar and mulberry
getting a full yield of Rs. 25000/- 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.
considered the facts and circumstances in this case, we think that reasonable
compensation would be Rs.10000/- per acre. The judgement 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
these circumstances, Ex. A-3 is absolutely irrelevant for determination of the
compensation. Accordingly, the respondent is entitled to enhanced compensation
@ Rs.10000/- per acre with solatium at 30% under Section 23 , interest under
Section 28 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 
notification till date of the award.
appeal is accordingly allowed. No costs.
Pages: 1 2