SPECIAL LAND ACQUISITION OFFICER Vs. KALLAYYA RUDRAYYA ANKALAGI

JUDGEMENT

(1.) THIS appeal arises from the award dated 21.9.1994 in Land Acquisition Case by the Principal Civil Judge, Bailhongala, in LAC No. 398 of 1993. The Appellant/Respondent has also filed cross objections against the award challenging the assessment of the market value at Rs. 42,000.00 by arbitrary reduction thereof.

(2.) THE land bearing Sy. No. 42/1/42 (1B) measuring 3 acres 16 guntas of Turmari Village in Bailhongal taluk, was acquired by notification under Section 4(1) of the Land Acquisition Act, published in the Karnataka Gazette dated 12.3.1992. The Land Acquisition Officer gave his award in LAQ. 348 of 1991 on 6.9.1993 awarding total compensation to the tune of Rs. 2,06,040.00 in respect of acquired land. The claimant felt aggrieved and filed objections for reference under Section 18 of the Land Acquisition Act. The learned Civil Judge awarded and held claimant to be entitled to compensation at the rate of Rs. 42,000.00 per acre and while assessing the market value, observed as under: It is admitted by the Respondent that the land under acquisition is adjacent for formation of new Gaothana i.e., for constructing houses. But since there is no evidence as regards N.A. Potentiality, I consider the land as Class -III of medium type growing single crop of D.C.H. cotton. The D.C.H. cotton as per yield notification marked in this case as furnished by cotton superior is 10 quintals per acre. The cotton price per quintal is Rs. 1,777.00 and as much as the average total price comes to Rs. 17,770.00. The cost of cultivation at 40% comes to Rs. 7,108.00 and after deducting the net income comes to Rs. 10,662.00. Thus after multiplying it by 10 is the value of the land per acre. After multiplying Rs. 10,662 x 10 comes to Rs. 1,06,620.00 per acre. But as per yield notification issued by the statistical department, Belgaum, the average yield is 2252.00 Kgs. per hector and as such it comes to 9 quintal per acre. The average price is at Rs. 1,777.00 per quintal for D.C.H. cotton. The average price comes to Rs. 15,993.00 and after deducting 40% cultivation expenses of Rs. 6,397.00 the net income comes to Rs. 9,596.00 and on multiplying it by 10 the market value comes to Rs. 95,960.00. It is no doubt true that as per capitalisation method adopted the claimant is entitled to the compensation either at the rate of Rs. 1,06,620.00 per acre or at the rate of Rs. 95,960.00 per acre. But the aforesaid rates per acre seem to be too excessive and even if they are reduced to half, the rate per acre comes to Rs. 48,000.00 per acre. But, I reduce it to Rs. 42,000.00 per acre. Therefore, I hold that the compensation awarded by the Respondent is too inadequate at the rate of Rs. 42,000.00 per acre.

(3.) A perusal of the order of the lower Court reveals that firstly in the process of assessment, as no evidence had been produced about the land if was having non -agriculture potentiality, the Civil Judge was justified in taking the land to be Class -III of medium type growing single crop of D.C.H. Cotton land. Further the Civil Judge was also justified, in the absence of any other evidence, to take into consideration the yield notification of such land published on 12.3.1992. Taking that, the Civil Judge opined that yield is ten quintals per acre. In our opinion, the Court was not wrong in opining as such, the product of the land to be ten quintals per acre. The average cotton price which has been arrived at, as indicated in the order, after deduction of 40% for cultivation cost, has rightly been arrived at Rs. 10,662.00 per acre as the net income. The Court applied the multiplier of ten and there has been no dispute when the Court assessed the value of the land to be Rs. 1,06,620.00 per acre. But, it appears that the Court thought that multiplier of 9 should be applied and applying that multiplier, it assessed that market value of the land and the amount to be awarded as compensation would come to Rs. 95,960.00 per acre. Once the Civil Judge has arrived at a conclusion after applying the data from the Government record, we are surprised to take note that without any rhyme or reason in an arbitrary manner, the Civil Judge observed that the rates per acre seems to be excessive and he reduced it to not only to Rs. 48,000.00 per acre, but reduced it to Rs. 42,000.00 per acre. India lives in democracy. Rule of law is the basis of democracy on which democracy depends. Rule of law is also part of justice. The arbitrary and irrational action is negation of rule of law and doctrine of equality before law. This approach of the learned Civil Judge in abruptly reducing the rate of compensation to be awarded from both of figures of Rs. 95,960.00 and Rs. 1,06,620.00 per acre to Rs. 42,000.00 per acre appears to be illegal and unjustified. We are of the opinion that the claimant would have been entitled atleast to the compensation at the rate of Rs. 95,960.00 per acre for the land in dispute. We modify this finding of the lower Court and hold that the claimant is entitled to compensation for the land acquired at the rate of Rs. 95,960.00 per acre.