The Special Land Acquisition Officer Vs. Virupax Shankar Nadagouda
EmailAppeal: Civil Appeal Nos.703-704 of 1989.
(From the Judgment and Order dated 9.9.83 of the Karnataka High Court in M.F.A.Nos.1385-86 of 1979)
(From the Judgment and Order dated 9.9.83 of the Karnataka High Court in M.F.A.Nos.1385-86 of 1979)
Petitioner: The Special Land Acquisition Officer
Respondent: Virupax Shankar Nadagouda
Apeal: Civil Appeal Nos.703-704 of 1989.
(From the Judgment and Order dated 9.9.83 of the Karnataka High Court in M.F.A.Nos.1385-86 of 1979)
(From the Judgment and Order dated 9.9.83 of the Karnataka High Court in M.F.A.Nos.1385-86 of 1979)
Judges: K.RAMASWAMY & G.B.PATTANAIK, JJ.
Date of Judgment: Aug 21, 1996
Appearances:
Mr. M.Veerappa, Advocate for the Appellant.
Head Note:
LAND ACQUISITION
Land Acquisition Act, 1894:
Section 23(1) – Compensation – Held 10 years multiplier should be applied to determine compensation under section 23(1) to annual value of land – Compensation to be recalculated – Appeal allowed.
Cases Reffered:
1. Land Acquisition Officer v. P.Veerabhadrappa etc. etc. (1984) 2 SCR 386 (Para 2)
JUDGEMENT:
O R D E R
1. 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.
2. 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 v. 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.
3. 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 of 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 the compensation and pay over the same to the respondents. If the amount has already been recovered, it would be open to the appellant to recover the balance amount.
4. The appeals are accordingly allowed. No costs.
1. 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.
2. 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 v. 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.
3. 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 of 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 the compensation and pay over the same to the respondents. If the amount has already been recovered, it would be open to the appellant to recover the balance amount.
4. The appeals are accordingly allowed. No costs.
