SPECIAL LAND ACQUISITION OFFICER BANGALORE ABDUL BASITH HAJI S MOHAMED ISMAIL SPECIAL LAND ACQUISITION OFFICER Vs. ABDUL BASITH:SPECIAL LAND ACQUISITION OFFICER BANGALORE:SPECIAL LAND ACQUISITION OFFICER:HAJI S MOHAMED ISMAIL

JUDGEMENT

(1.) All these four appeals arise out of an acquisition of land by a notification dated August 21, 1958 issued under Sec. 4 of the Land Acquisition Act. The market price as on the date of notification had to be determined for assessment and payment of compensation. The Land Acquisition Officer determined market price at the rate of Rs. 12,100/per acre for garden land and Rs. 520/- per acre for Kharab land. (Roughly Rs. 2.50 per sq. yard). In reference to the Civil Judge, under Section 18 of the Land Acquisition Act the price was determined at the rate of Rs. 20,500/- per acre which roughly works out at Rs. 6/- per sq. yard. Ultimately, the matter went up to the High Court by two appeals one filed by Abdul Basith, respondent in Civil Appeal No. 123 of 1971 and the appellant in Civil Appeal No. 404 of 1971, and the other by Haji S. Mohamed Ismail, now deceased appellant in Civil Appeal No. 1621 of 1970 and respondent in Civil Appeal No. 1787 of 1970. Haji S. Mohamed Ismail died and his legal representatives have been substituted. Civil Appeals Nos. 123 of 1971 and 1787 of 1970 have been filed by the State of Karnataka, while Civil Appeal No. 123 of 1971 and Civil Appeal No. 1621 of 1970 have been preferred by original claimants. The High Court determined market price of land on the relevant date at the rate of Rs. 12/- per sq. yard and directed to award compensation accordingly. Hence these appeals under unamended Art. 133 (1) (a) and (b) by certificate.

(2.) These four appeals arise as cross appeals two by the State of Karnataka and two by the original landholders against the award of Rs. 12/- per sq. yard. Claimants contended that they should be awarded compensation at the rate of Rs. 20/- per sq. yard while the State contended that the rate of Rs. 12 per sq. yard is much on the higher side and it must be reduced.

(3.) In Civil Appeal No. 123 of 1971 Mr. B. R. L. Iyengar made a specific grievance that even though there was a finding of the learned Civil Judge in Reference under S. 18 that the land was marshy, that it was by the side of a Halla/Drainage Channel, that the only access to it was by a foot bridge and that these considerations had weighed with the Civil Judge in determining the rate of compensation, these vital and relevant considerations were wholly overlooked by the High Court while awarding compensation at the rate of Rs. 12/- per sq. yard being in par with other claimants.