Mallamma and Gangamma vs Spl. Land Acquisition Officer Upper Krishna Project

Huluvadi G. Ramesh, J.—These appeals arise out of the order/award passed by the II Addl. District Judge, Raichur in MA 14/2013, 15/2013 and 16/2013 on 28.8.2013. Appeals are filed under O 41 R 1 v/w 96, CPC and also under S.54 of the Land Acquisition Act before the first appellate court. Thereafter, these second appeals are filed not satisfied with the quantum of compensation awarded for the lands which were acquired for NRBC distributory canal of UKP by preliminary notification dated 12.8.2010. The award is passed on 22.10.2011. Based on capitalization/yield method and the notification issued by the Raichur Agricultural University Krishi Kendra and also based on the price list of APMC, the first appellate court awarded compensation or Rs. 1,56,625/- per acre in stead of Rs. 1,42,450/- awarded by the Reference Court. The claimants are before this Court seeking further enhancement of the compensation awarded.

Heard the counsel representing the respective parties.

According to the counsel representing the claimants, the crops grown are cotton, sunflower, tur dal, groundnut, jowar, etc. Also, as per hectare yield notification issued by the Krishi Kendra, Raichur, minimum 10 quintals of cotton could be taken per acre, so also jowar has to taken at 8-10 bags per acre. Accordingly, he has sought for enhancing the compensation based on yield notification as well as the price list.

According to the Government Pleader, average crop method is to be taken into consideration based on the crops grown and mentioned in the RTC and not based on the crops mentioned in the crop/yield notification. As per the evidence on record, claimants were growing all types of crops i.e., sunflower, tur, groundnut, horse gram, green gram, chilly and jowar. However, taking the crop which is normally being grown like tur or cotton and the yield per acre around 5-6 quintals, though the yield list shows that it is 20-25 quintals per hectare, on the ground that the lands in Deodurg Taluk, Raichur District are dry lands depending on rainfall and also taking into consideration that they cannot grow more than one crop, the compensation as is awarded by the first appellate court does not require any enhancement.

On hearing the arguments of both sides, taking the average yield of cotton at 5 to 6 quintals per acre (1 quintal at Rs. 4,292/-), so also the yield of jowar at 5 to 6 quintals per acre (1 quintal at Rs. 1,713/-, after deducting 40% towards cost of cultivation, the total income from both these crops would be around Rs. 19,817/- (Rs. 23,606 - 9,442 for cotton and Rs. 9,421 - 3,768 for jowar) which is rounded of to Rs. 19,500/- and the market price could be fixed around Rs. 1,95,000/- per acre for the purpose of awarding compensation as there will be contingency of not growing a second crop due to failure of monsoon.

Accordingly, the market value of the land is fixed at Rs. 1,95,000/- per acre based on the yield notification as well as per the price index for the year 2010, for dry lands at Deodurg Taluk. The claimants are also entitled for interest and costs thereon. Appeals are allowed in part.

If excess court fee is paid by the claimants, they are entitled for refund of the same. So also, if there is any deficit court fee, the same shall be made good by the claimants as per the enhanced compensation. Government Pleader to file memo of appearance in four weeks.