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Judgment
N.K. Patil, J.—These two appeals by the claimants and the beneficiary are arising out of the same judgment and Award dated 10th June 2009 passed in LAC. No. 166/2003 by the XXIII Additional City Civil & Sessions Judge Bangalore, (CCH 24), (hereinafter called as ''Reference Court'' for short).
The Reference Court, by its judgment and Award, has awarded a sum of Rs. 1,500/- per square feet instead of Rs. 525.84 per square feet as awarded by the Special Land Acquisition Officer. Being aggrieved by the said judgment and Award, the claimants have filed an appeal in MFA No. 8364/2009, contending that the market value fixed by the Reference Court is inadequate and it requires to be enhanced and the beneficiary has filed an appeal in MFA No. 6611/2009 contending that the market value fixed by the Reference Court is on higher side and it requires to be reduced.
The brief facts of the case are: the property bearing No. 25 (old No. 6) New No. 8, situated at Infantry road measuring 3,933.3 square meters i.e. 44111.52 square feet, belonging to the claimants has been notified and acquired by the competent authority through the Special Land Acquisition Officer, Bangalore, for the purpose of office-cum-residential usage of Subsidiary Intelligence Bureau, (Ministry of Home Affairs), Government of India vide Preliminary Notification dated 11.6.1993 issued u/s 4(1) of Land Acquisition Act, published in the Karnataka Gazette on 6.7.1993, followed by Final Notification dated 13.12.1993 issued u/s 6(1) of L.A. Act, published in the Karnataka Gazette on 24.6.1993. The Special Land Acquisition Officer, after issuing notices under Sections 9 and 10 of the L.A. Act, has passed an award on 25.3.1995, fixing the market value at Rs. 525.84 per square feet. Not being satisfied with the compensation awarded by the Land Acquisition Officer, claimants have filed an application u/s 18(1) of the Act, for enhancement of compensation with a request to refer the matter to the Reference Court and accordingly, it was referred to the jurisdictional Reference Court and numbered as LAC No. 166/2003, The Reference Court, in turn, after assessing the oral and documentary evidence and other material available on file, has allowed the said petition and fixed the market value at Rs. 1,500/- per square feet instead of Rs. 525.84 per square feet as fixed by the Land Acquisition Officer. Being aggrieved by the said judgment and Award, both the claimants and the beneficiary have filed these appeals, seeking appropriate reliefs, as stated supra.
We have heard learned Counsel for both the parties in these appeals.
The submission of the learned Counsel for the claimants is that, the Reference Court has erred in determining the just and reasonable compensation in respect of the land in question. To substantiate the said submission, he has submitted that, PW3 Registered Valuer, certified by the Central Government, has opined that the market value of the land in question can be determined at the rate of Rs. 2,078.65 per square feet for residential purpose and Rs. 3,000/- per square feet for commercial purpose and this clinching evidence available on file has not been considered by the Reference Court while determining the market value. Further, he submitted that, the Reference Court, taking the average price of the sale deeds produced at Exs. P5, 7 to 9, has fixed the market value at Rs. 1,500/- per square feet, without reference to the expert evidence available on file. Further, learned Counsel for the claimants submitted that, claimants are entitled to a just and reasonable compensation as they have lost their valuable land, as envisaged under Article 300-A of the Constitution of India. Therefore, he submitted that the impugned judgment and Award passed by the Reference Court is liable to be modified by enhancing just and reasonable compensation.
As against this, learned Counsel for the beneficiary Sri. Chandrashekhar Reddy, submitted that, the Reference Court has erred in fixing the market value at Rs. 1,500/- per square feet instead of fixing the same at Rs. 1,000/- per square feet taking the average of the sale deeds produced at Exs.P5, 7 to 9. Further, he submitted that the quantum of compensation determined is on little higher side and therefore, it is liable to be reduced. However, he fairly submitted that the evidence of PW3-Registered valuer certified by the Central Government has not been considered by the Reference Court while determining the market value. The said submission has been supported by the learned Additional Government Advocate appearing for Special Land Acquisition Officer. Therefore, they submitted that the market value of the land in question may be re-determined in accordance with law, after taking into consideration the nature of the land, its potentiality and the development taken place in and around the said area.
After hearing the learned Counsel for both the parties in these appeals, after careful perusal of the impugned judgment and award passed by the Reference Court, it emerges that, the Reference Court has committed an error of law, illegality, much less material irregularity in determining the market value in respect of the land in question. It is not in dispute that, the claimants have examined the expert witness as PW3, who is a registered valuer, certified by the Central Government, who after considering the relevant material on file and with reference to the notification and other material on file, has opined that, the market value can be determined at Rs. 2,073.65 per square feet for the residential purpose and at Rs. 3,000/- per square feet for commercial purpose. The said aspect of the matter has been referred in para 49 of the judgment by the Reference Court, but unfortunately, the same has not been considered while fixing the market value. The Reference Court, taking the average of the prices paid under the sale deeds as per Ex.P5, P7 to P9, has determined the market value of the acquired land at Rs. 1,500/- per square feet. There is an arithmetical error and as a matter of fact, the average of the prices paid under the said sale deeds comes exactly to Rs. 1,540/-. But inadvertently, the Reference Court has fixed the market value at Rs. 1,500/- instead of Rs. 1,540/-.
One more aspect to be borne in mind, as rightly pointed out by the learned Counsel for the claimants is that, the land which has been notified and acquired is situated in Infantry road, Bangalore, which is situated in the heart of Bangalore city, 200 Meters away from Raibhavan, 300 Meters from Vidhana Soudha and 100 meters from General Post Office and adjacent to the office of the Hindu and Indian Express news papers. Taking judicial note of this fact, if we redetermine the market value at Rs. 1,600/- per square feet instead of Rs. 1,500/- as awarded by the Reference Court, it would meet the ends of justice.
Having regard to the factual and legal aspects of the matter and also taking into consideration the facts and circumstances of the cases as stated supra, the appeal filed by the claimants in M.F.A. No. 8364/2009 is allowed in part.
The impugned judgment and Award dated 10th June 2009 passed in LAC. No. 166/2003 by the XXIII Additional City Civil & Sessions Judge, Bangalore, (CCH 24), is hereby modified, by determining the market, value at Rs. 1,600/-per square feet instead of Rs. 1,500/- per square feet as fixed by the Reference Court, with all consequential benefits as envisaged u/s 23(1)(A) of the Land Acquisition Act.
The appeal filed by the beneficiary in MFA No. 6611/2011 is dismissed as devoid of merits.
Office to draw the award accordingly.