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Judgment
N.K. Patil, J.—This appeal by the appellant-claimant is directed against the impugned Judgment and Award dated 23/04/2011 passed in LAC No. 18/2008 by the Principal Civil Judge(Sr.Dn) and JMFC, Srirangapatna, (hereinafter called as ''Reference Court'' for short).
The Reference Court, by its Judgment and Award has fixed the market value of the land in question at Rs. 375/- per Sq.ft., with consequential benefits as envisaged u/s 23 of the Land Acquisition Act. Being aggrieved by the said Judgment and Award, the claimant has filed this appeal, contending that the market value fixed by the Reference Court is on lower side and is liable to be enhanced.
The brief [acts of the case are: The claimant was the owner of the land bearing Sy.No.301 measuring 10 guntas, which has been converted as non- agricultural land measuring 10,890 sq. ft., and the land bearing Sy.No.392 to an extent of 14 guntas converted into non- agricultural purpose measuring to an extent of 15,246 sq. ft., which are situated at Mysore-Bangalore Road, Srirangapatna. Those lands were acquired by the competent authority of the State for the purpose of four lane Bangalore-Mysore Highway vide Preliminary Notification dated 8.4.2005 issued u/s 4(1) of Land Acquisition Act, followed by Final Notification issued u/s 6(1) of the said Act. The Special Land Acquisition Officer, issued notices under Sections- 9 and 10 of the L.A. Act. calling objections and claims of the claimant and thereafter, passed the award, fixing the market value at Rs. 63/- per Sq.ft. Not being satisfied with the market value fixed by the Land Acquisition Officer, claimant has filed an application u/s 18(1) of the Art, for enhancement of compensation with a request to refer the matter to the jurisdictional Reference Court and accordingly, it was referred to the jurisdictional Reference Court and numbered as LAC 18/2008.
Upon service of notice, respondent appeared through Additional Government Pleader and filed objections contending that, the market value fixed by the Land Acquisition Officer is just and proper and the claimant has not made out any ground for enhancement.
In order to prove her case, claimant has examined her husband, Power of Attorney Holder as PW1 and also got examined one more witnesses as PW2 and got marked Exs.P1 to P9. On behalf of respondent, the Assistant Commissioner, Pandavapura has been examined as RW1 and got marked Exs.R1 to R5.
On the basis of the oral and documentary evidence adduced and produced by both the parties, the Reference Court has raised four points for consideration as under:
(i) Whether the reference is in time?
(ii) Whether the claimant proves that the market value determined by the respondent is unreasonable and inadequate?
(iii) Whether the claimant is entitled for enhanced compensation? If so at what rate?
(iv) What order or decree?
The Reference Court, after assessing the oral and documentary evidence and other material available on file, taking into consideration the purpose for which it has been notified and acquired, its potentiality and placing reliance on the judgment and award dated 10.2.2011 passed in LAC Nos.7,10,15, 20 to 26/2006 clubbed in LAC No. 13/2006 on the file of the Additional Civil Judge (Sr.Dn). Mandya, wherein the market value has been fixed at Rs. 400/-per sq. ft., in respect of the lands acquired under the same notification and for the same purpose and under the same notification and determined the market value at Rs. 375/- per sq.ft., which is Rs. 25/- lesser per sq. ft., fixed in respect of the lands acquired in and around Mandya, which has not been challenged by the respondent and allowed the said petition, fixing the market value at Rs. 375/- per Sq. ft., with consequential benefits. Being dis-satisfied with the market value fixed by the Reference Court, the claimant has filed this appeal, seeking appropriate reliefs, as stated supra.
We have heard learned counsel for both the parties.
The principal ground urged by the learned counsel for the claimant is that, the Reference Court has erred in not accepting the Ex.P4 copy of the sale deed produced by the claimant, wherein, the market value of the land situated on Bangalore-Mysore Highway was fixed by the Sub Registrar''s office in the year 2001 at Rs. 200/-Sq. ft., and in the year 2004-05 at Rs. 200/- per Sq. ft. Therefore, he submitted that, since the lands in question were acquired in the assessment year 2005-06, the Reference Court ought to have taken appreciation value at 10% and the market value has to be fixed at Rs. 750/- to Rs. 1,000/- per sq.ft. But this aspect of the matter has not. been looked into or considered or appreciated by the Reference Court while fixing the market value in respect of the lands in question. Therefore, he submitted that the impugned judgment and award is liable to be modified by re-determining the market value in respect of the lands in question as they were situated in Srirangapatna which is a historical town with many temples and monumental structures and there is floating population every day and thousands of people visit Srirangapatna to see the temples and other monuments and also that the lands in question are non agricultural lands, which has the potentiality of construction of commercial complexes or hotels or lodges and in fact, claimant wanted to construct commercial complex, hotel and obtained licence from the Town Municipality and wanted to make livelihood for future.
As against this, learned Additional Government Advocate appearing for the respondent, inter-alia contended and substantiated the Judgment and Award passed by the Reference Court. Further, he submitted that, the Reference Court is justified in fixing the market value at Rs. 375/- per Sq.ft. after due consideration of the oral and documentary evidence available on file and therefore, interference by this Court is not called for. However, after careful perusal of para 9,7 of the judgment, he has not disputed that, the Reference Court has relied on the judgment and award dated 10.2.2011 in LAC Nos. 7,10,15,20 to 22/2006 clubbed in LAC No. 13/2006 on the file of Additional Civil Judge (Sr.Dn) Mandya, wherein the market value of the land situated at Mandya which has been notified and acquired under the same notification and for the same purpose has been fixed at Rs. 400/- per sq.ft. and therefore, the Reference Court ought to have considered the same while determining the market value of the lands in question and the same may be considered in accordance with law.
After having heard the learned counsel for both the parties and after careful perusal of the original records available on file, including the impugned Judgment and Award passed by the Reference Court, the only point that arises for our consideration is:
Whether the market value fixed by the Reference Court in respect of the lands in question is just and reasonable?
It is not in dispute that, the lands in question situated at Mysore-Bangalore Road, Srirangapatna belonging to the claimant have been notified and acquired by the State for the purpose of four lane Bangalore-Mysore Highway vide Preliminary notification dated 8.4.2005 and followed by final notification. It is also not in dispute that the lands in question are converted as non-agricultural lands and the there are development in and around the said lands. It is the specific case of the claimant that she herself wanted to construct a commercial complex, hotel and obtained licence from the Town Municipality, but the said aim and object has been defeated since the same were acquired for the purpose of four lane road. To support her case, claimant has produced Ex.P4, copy of the sale deed. It is significant to note that, the Reference Court in para 9(6) of its judgment has observed placing reliance on the recitals of Ex.P4 that, the same cannot be taken into consideration as the said sale deed has come into existence subsequent to 4(1) notification and Ex.P3 and P5 the estimation of market value of the property situated in and around Srirangapatna by the Srirangapatna Town Municipality and the market value fixe by the Sub-Registrars office in respect of the land sin around Srirangapatna, respectively, is taken into consideration it could be seen that, in respect of the land situated on Bangalore-Mysore Highway, the market value is fixed at Rs. 200/- per sq.ft., in the year 2001 and Rs. 200/- per sq. ft. in the year 2004-05. It is the submission of the learned counsel for the claimant before the Reference Court that, when the market value of the land situated on Bangalore-Mysore Highway was Rs. 200/ per sq. ft. in the year 2001, the Reference Court ought to have taken the appreciation value on the basis of the market value fixed by the Srirangapatna Town Municipality. The said submission has been rightly rejected by the Reference Court, on the ground that, the lands in question were notified and acquired in the year 2005 and Ex.P4 is registered in the year 2006 fixing the market value at Rs. 207/- per sq.ft. Therefore, we are of the considered view that, the Reference Court is justified in placing reliance on the judgment and award dated 10.2.2011 passed in LAC Nos.7,10,15,20/2006 to 22/2006 clubbed in LAC No. 13/2006 on the file of the Additional Civil Judge (Sr.Dn), Mandya, wherein the market value in respect of the land situated at Mandya which has been notified and acquired for the same purpose under the same notification is fixed at Rs. 400/- per sq. ft., in observing that the land in question has got commercial potentiality as it is situated in Srirangapatna which is a historical town with many temples and monuments and situated nearer to Mysore City. But without any justification and without assigning any valid reasons, the Reference Court has erred in fixing the market value at Rs. .375/- per sq.ft., Rs. 25/- less per sq. ft. in case of lands acquired in and around Mandya by the Additional Civil Judge (Sr.Dn) Mandya, which has not been challenged by the respondents. Therefore, we accept the market value fixed at Rs. 400/- per sq.ft., by the Additional Civil Judge (Sr.Dn), Mandya, in respect of the land situated at Mandya which has been notified and acquired for the same purpose and under the same notification, in respect of the lands in question, in view of the development taken place in and around the lands in question.
For the foregoing reasons, the appeal filed by the appellant is allowed in part.
The impugned Judgment and Award dated 23/04/2011 passed in LAC No. 18/2008 by the Principal Civil Judge(Sr.Dn) and JMFC, Srirangapatna, is hereby modified, fixing the market value at Rs. 400/- per Sq. ft., with consequential benefits as envisaged u/s 23(1) of the L.A. Act instead of Rs. 375/- per Sq. Ft. fixed by the Reference Court.
The respondent herein is directed to deposit the enhanced amount with statutory benefits as expeditiously as possible, within a period of three months from the date of receipt of a copy of this judgment and award.
Office to draw the award accordingly.
The Registry is directed to transmit the original records to the jurisdictional Reference Court, immediately.
In view of the disposal of the main appeal on merits, the prayer sought in Misc.Cvl. 14675/2011 does not survive for consideration. Hence, the same is dismissed as having become infructuous.