SECRETARY KARNATAKA ELECTRICITY BOARD Vs. ASSISTANT COMMISSIONER GADAG

JUDGEMENT

(1.) Leave granted in both the petitions.

(2.) A plot of land measuring two acres was acquired by Notification dated 14-4-1988 for establishment of a sub-station by the Karnataka Electricity Board, the appellant herein. The market value of the land was fixed by the Land Acquisition Officer at Rs. 13,000/- per acre by an award made on 21-8-1989. On reference being made, the Civil Judge, however, enhanced the compensation to Rs. 10,000/- per gunta i.e. Rs.4 lacs per acre by an order dated 16-12-1989. On appeal being preferred before the High Court, the enhancement was sustained but with the direction to deduct 65% towards development and other charges. The Electricity Board has preferred this appeal by special leave. The land owner has also approached this Court seeking further enhancement.

(3.) A perusal of the order of the Reference Court shows that the land owner had himself led evidence to show the yield, which was found to be around Rs. 11,000/- per acre per year. This was the gross income; the net annual income assessed being Rs.5,695/-, after deducting 50% towards cost of cultivation. The market value as per the capitalisation method was, therefore, fixed at Rs.28,470/- per acre by deducting 50% of the average annual yield, assuming that the claimant had exaggerated the average annual yield in his evidence; he being an interested witness.