SPECIAL LAND ACQUISITION OFFICER MALAPRABHA DAM PROJECT SAUNDATTI Vs. MADIVALAPPA BASALINGAPPA MELAVANKI

JUDGEMENT

(1.) Leave granted.

(2.) The court of Civil Judge in LAC Nos. 263 and batch by award and decree dated 14/12/1981 enhanced the compensation determined by the Land acquisition Officer from Rs. 3,000. 00 per acre to Rs. 15,000. 00 per acre. On appeal, under Section 54 of the Land Acquisition Act (for short, 'the Act') the second Additional District Judge, Belgaum by his common judgment dated 25/8/1983 confirmed the same. The High court by the impugned order dated 29/1/1988 in Miscellaneous Second Appeal No. 44 of 1985 and batch held that in determining compensation on the basis of the annual yield by application of 15 years' multiplier would be illegal, as held in Special Land acquisition Officer v. P. Veerabhadarappa. As for this decision, appropriate multiplier is 10. This view was reiterated in a number of decisions.

(3.) However, the learned Judge declined to interfere with the order on the ground that the land in acquisition in this case was only of an extent of 38 gunthas and it was held that "it is hardly appropriate to interfere with the award notwithstanding the discernible blemish pointed out by the learned government Pleader". The learned Judge also applied the provisions of sections 23 (1-A) ; 23 (2 and 28 of the Act as amended by Amendment Act 68 of 1984 holding that it would be subject to the result in Bhag Singh v. Union Territory of Chandigarh.