Addl. Special Land Acquisition Officer Vs. Yamanappa Basalingappa Chalwadi
EmailAppeal: Civil Appeal Nos. 3193-3215 of 1982
Petitioner: Addl. Special Land Acquisition Officer
Respondent: Yamanappa Basalingappa Chalwadi
Apeal: Civil Appeal Nos. 3193-3215 of 1982
Judges: K. RAMASWAMY & N. VENKATACHALA, JJ.
Date of Judgment: Feb 22, 1994
Head Note:
LAND ACQUISITION
Land Acquisition Act, 1894:
Section 23 – Market value – Land acquired could raise two crops per year – Determination of the value of the land – Capitalisation method – What would be the suitable multiplier? – Held that ten year multiplier is the proper method of valuing the lands by capitalisation method.
(Special Land Acquisition Officer, Davangere v. P. Veerabharappa & Ors., 1984 (2) SCC 120 – Followed.
Cases Reffered:
1. Special Land Acquisition Officer, Davangere v.P. Veerabharappa & Ors., 1984 (2) SCC 120 – Followed. (Para 1)
2. Special Land Acquisition Officer, Hassan v. Mallesha M.S.,1975 (2) Mysore Law Journal 74 – Overruled. (Para 1)
2. Special Land Acquisition Officer, Hassan v. Mallesha M.S.,1975 (2) Mysore Law Journal 74 – Overruled. (Para 1)
JUDGEMENT:
O R D E R
1. These appeals by Special Leave arise from the Judgment of the High Court of Karnataka dated August 10, 1981 in Misc. Appeal Nos. 1406-1428/1981. The High Court following its earlier Judgment in Special Land Acquisition Officer, Hassan v. Mallesha M.S. 1975 (2) Mysore Law Journal p. 74) applying a multiplier of 15 years for the average annual income for Rs. 720/- per acre upheld the fixation of the market value at Rs. 800/- per acre. Thus these appeals by Special Leave. Notification under Sec. 4(1) dated March 13, 1980 was published in the State Gazette on July 24, 1980 acquiring 100 acres of land for Upper Krishna Project. The District Judge found from the evidence that the lands are madikattu lands and two dry crops of groundnuts in the first season, Jowar or cotton in the second rabi season were being raised in those lands. He determined the market value of the crop at Rs. 720/- after deducting the expenses incurred thereof. Though it is doubtful whether two crops could be raised in dry lands, under appeal we proceed on the footing that the evidence adduced would show that in the lands under acquisition two crops were raised and that annual yield was at Rs.720/- per acre. But the crucial question is what is the suitable multiplier which would be applicable to the agricultural crops. This question is squarely covered by a Judgment of this Court in Special Land Acquisition Officer, Davangere v. P. Veerabharappa & Ors. 1984 (2) SCC 120. While disposing of batch of the appeals this Court held that ten years multiplier would be the proper method in determining the total market value by following the method of capitalisation as just and reasonable principle. We find that this principle is quite consistent with the valuation of the land allowed by multiplying the value of the annual yield, in the absence of any other acceptable evidence. Following the ratio we hold that ten year multiplier is the proper method of valuing the lands by capitalisation method. The appeals are accordingly allowed in part and the respondents are entitled to the solatium at 15% and interest @ 5% from the date of taking possession till date of deposit. The appellant is entitled to recover the balance amount from the respondents. No costs.
1. These appeals by Special Leave arise from the Judgment of the High Court of Karnataka dated August 10, 1981 in Misc. Appeal Nos. 1406-1428/1981. The High Court following its earlier Judgment in Special Land Acquisition Officer, Hassan v. Mallesha M.S. 1975 (2) Mysore Law Journal p. 74) applying a multiplier of 15 years for the average annual income for Rs. 720/- per acre upheld the fixation of the market value at Rs. 800/- per acre. Thus these appeals by Special Leave. Notification under Sec. 4(1) dated March 13, 1980 was published in the State Gazette on July 24, 1980 acquiring 100 acres of land for Upper Krishna Project. The District Judge found from the evidence that the lands are madikattu lands and two dry crops of groundnuts in the first season, Jowar or cotton in the second rabi season were being raised in those lands. He determined the market value of the crop at Rs. 720/- after deducting the expenses incurred thereof. Though it is doubtful whether two crops could be raised in dry lands, under appeal we proceed on the footing that the evidence adduced would show that in the lands under acquisition two crops were raised and that annual yield was at Rs.720/- per acre. But the crucial question is what is the suitable multiplier which would be applicable to the agricultural crops. This question is squarely covered by a Judgment of this Court in Special Land Acquisition Officer, Davangere v. P. Veerabharappa & Ors. 1984 (2) SCC 120. While disposing of batch of the appeals this Court held that ten years multiplier would be the proper method in determining the total market value by following the method of capitalisation as just and reasonable principle. We find that this principle is quite consistent with the valuation of the land allowed by multiplying the value of the annual yield, in the absence of any other acceptable evidence. Following the ratio we hold that ten year multiplier is the proper method of valuing the lands by capitalisation method. The appeals are accordingly allowed in part and the respondents are entitled to the solatium at 15% and interest @ 5% from the date of taking possession till date of deposit. The appellant is entitled to recover the balance amount from the respondents. No costs.
