CHANNAVEERAPPA GOUDA Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The only question which arises for consideration is whether the valuation of the garden land measuring 2 acres and 15 gunthas is proper or not. It is not disputed that the net annual income from each acre of garden land during the relevant period was Rs. 1,800. 00 per acre. Having regard to the circumstances of this case, the appellant was entitled to get an amount equal to 12 times the net annual income. The compensation payable to the appellant therefore should have been calculated at the rate of Rs. 21,600. 00 per acre for the garden land measuring 2 acres 15 gunthas instead of @ about Rs. 18,400. 00 per acre. We, therefore, modify the decree of the High court by directing that the compensation payable in respect of the garden land measuring 2 acres 15 gunthas involved in this case should be fixed at Rs. 21,600. 00 per acre. The appellant is entitled to proportionate enhancement of solatium payable thereon. The decree of the High court shall stand modified accordingly. If the Constitution bench finds that the appellant is entitled to solatium and interest at the rates in excess of what is awarded by the trial court it is open to him to apply to the trial court to give him the benefit of enhanced rates of solatium and interest.