K KAMALAJAMMANNIAVARU SPECIAL LAND ACQUISITION OFFICER Vs. SPECIAL LAND ACQUISITION OFFICER:K KAMALAJAMMANNIAVARU

JUDGEMENT

(1.) In respect of acquisition of land pursuant to notifications issued under sec. 4(1) of the Land Acquisition Act on November 28, 1957, compensation of Rs. 5250/- for the land in S. No. 83 and compensation at the rate of Rs. 800/- per acre for the land in S. No. 74 was awarded by the Land Acquisition Officer. On a reference under S. 18 of the Land Acquisition Act, the Civil Judge enhanced the compensation to Rs. 18,000/- for the land in S. No. 83 and Rs. 14,250/- for the land in S. No. 74. The High Court, on appeal, further enhanced the compensation to Rs. 8000/- per acre for the land in S. No. 83 and Rs. 2500/- per acre for the land in S. No. 74. The claimant has filed Civil Appeal No. 2196 of 1970 to enhance the compensation and the State of Karnataka has preferred Civil Appeal Nos. 2713 and 2714 of 1972 to reduce the same. We are unable to find any question of principle involved in any of the appeals and accordingly we have no option but to dismiss them.

(2.) However, in the appeal filed by the claimant, Shri K. N. Bhat, learned counsel, urged that in view of the Land Acquisition Amendment Act, 1984, his client is entitled to be paid solatum of 30% of the compensation instead of the 15% to which he had been held entitled by the lower courts under the unamended Act. He relied upon sec. 15(b) and sec. 30(2) of the 1984 Amendment Act which are in the following terms:- "15. In Section 23 of the principal Act,-