Sanganabasappa vs Special Land Acquisition Officer U.K.P.

Huluvadi G. Ramesh, J.—Appeal is by the claimant for enhancement of compensation against the award passed by the Reference Court i.e., II Addl. Civil Judge (Sr. Dvn.), Bijapur in LAC 50/2006 on 10.3.2010. Properties in RS No. 187/2A and 189/1 of Bellubbi Village belonging to the claimant, to the extent of 2.4 acres and 1.1s acre respectively, were acquired by the Government for UKP project and the Special Land Acquisition Officer passed an awarded on 19.6.2002 awarding compensation of Rs. 24,879/- and Rs. 48,447/-. Not satisfied with the quantum of award, reference was sought by the claimant. After inquiry, the Reference Court enhanced the compensation amount to Rs. 84,500/- per acre to the irrigated land with all consequential benefits. Again, not satisfied with the award, claimant is before this Court.

Counsel for the appellants submits that the compensation fixed by the Reference Court is without proper appreciation and without considering the ratio laid down by the Apex Court in the case of State of Gujarat and others Vs. Rama Rana and others, wherein it is observed 50% of the value of the crop realised would go toward cultivation expenses and the balance has to be taken as net value and multiplier of 10 years should be applied.

Learned counsel has also relied upon the case of The Special Land Acquisition Officer, UKP Vs. Huliyappa and Another, wherein this Court has observed that in respect of irrigated lands, having regard to the undisputed entries in RTC and the evidence of the claimant, calculation of annual yield by deducting 50% as cultivation cost and adopting 10 as multiplier was proper and in accordance with land.

According to the claimant, the total compensation comes to more in Rs. 2,26,000/- as per capitalization method and therefore, he seeks for enhancement.

On the other hand, Government Advocate representing the State submitted, compensation awarded is just and proper and the Division Bench awarding Rs. 2,00,000/- in MFA 3217/2008 decided on 28.08.2008 is in respect of a land situate at Kolhar which is fully irrigated and the land in question is 10 kms away from the land situate at Kolhar. In MFA 2981/2004 decided on 23.7.2007, Rs. 1,16,000/- has been awarded per acre for the notification/acquisition of the year 1996. Adding escalation between 5-6% as the acquisition is of the year 1999 in the present case, claimants herein are entitled for Rs. 1,35,000/- with additional benefits and interest in modification of the award of the Reference Court. Appeal is allowed in part.