The Special Land Acquisition Officer, Karnataka Housing Boa Vs. P.M. Mallappa
& Ors [1997] INSC 293 (14 March 1997)
K.
RAMASWAMY, G.T. NANAVATI
ACT:
HEADNOTE:
O R D
E R Notice on other respondents has been served. They are not appearing either
in person or through counsel. Delay condoned. S.R. Bhatt appears for one
respondent in one appeal.
Leave
granted These appeals, by special leave, arise from the judgment of the
Division Bench of the Karnataka High Court, dated December 22, 1995 made in M.F.A. Nos. 2688/88 and batch.
Notification
under section 4(1) of the Land Acquisition Act (for Short, the 'Act') acquiring
a large extent of land was published on March 25, 1971. The Land acquisition Officer in
....... award granted compensation at the rate of Rs. 8,000/- per acre for the
dry lands with which we are not concerned. We are not concerned with other land
because there is no appeal in the behalf. On reference under section 18 of the
Act, the Civil Court enhanced the compensation to Rs.
15,000/- per acre. The High Court remitted the matter to the reference Court
for reconsideration. Thereafter, the reference Court enhanced the compensation
to Rs. 38,000/-. On appeal, the High Court by the impugned judgment has
enhanced the compensation to Rs. 12/- per sq. yd. which amounts to Rs. 58.000/-
per acre.
It is
seen the since the respondents have not filed any appeal under Section 26 of
the Act against the award granting enhanced compensation of Rs. 38,000/- per
acre, we do not propose to go into the enhancement granted by the reference
Court.
The
only question is: whether the High Court would be justified in enhancing the
compensation to Rs. 12/- per sq. yd., in other words, Rs. 58,000/- per acre.
Admittedly, the land is dry land and the land Acquisition Officer had pointed
out in his award that the converted lands for which he had awarded compensation
at the rate of Rs. 9,000/- and Rs. 10,000/- per acre, bear different
connotation to the actual dry land existing as on that date. The potential
value shall be determined for the land existing as on the date of the
notification and not after subsequent developed land bears no relevance to
further enhancement of the value.
Under
these circumstances, the High Court has wholly incorrect in enhancing the
compensation to Rs. 12/- per sq. yd., i.e. Rs. 58,000/- per acre.
The
appeals are accordingly allowed and the judgment and order of the High Court
stand set aside and that of the reference Court stands confirmed. No. Costs.
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