SAKKUBAI GARASANGI Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) This appeal is preferred by the landlosers under Section 54(1) of the Land Acquisition Act (for short 'L.A.Act') being aggrieved by the judgment and award dated 22.10.2009 passed in LAC No.10/2005 by the Civil Judge (Sr.Dn.), Basavan Bagewadi (for brevity hereinafter referred to as the 'Reference Court'), as the Reference Court has granted meager amount of compensation as the lands in question were acquired by way of preliminary Notification issued under Section 4(1) of the L.A.Act dated 04.09.1997 in respect of land bearing Sy.No.375/2/3 renumbered as Sy.No.375/2/4C measuring 03 acres 05 guntas including 07 guntas of kharab of Kalburki Village, Basavan Bagewadi Taluk, for the purpose of construction of Minor Irrigation Tank at Kalburki- Malaghan Village. Therefore, the present appeal is preferred seeking for enhancement of compensation.

(2.) The Land Acquisition Officer (LAO) has acquired the land of the appellant and awarded compensation of Rs.20,000/- per acre and being aggrieved by the same the appellant has filed the application under Section 18(1) of the Land Acquisition Act before the Reference Court in LAC No.10/2005. Accordingly the Reference Court has considered the evidences on record both oral and documentary also followed the judgment and award passed in LAC No.165/2003 and other connected cases, formed an opinion that the land in LAC No.165/2003 and the land in the present case having distance of 2 1/2 kilometers only and the 4(1) Notification in LAC No.165/2003 is issued on 08.05.1997 and in the present case the 4(1) Notification is issued on 04.09.1997 and therefore in LAC No.165/2003 the award was of Rs.1,40,000/- per acre. Therefore, considering the factors that the issuance of 4(1) Notification in both the cases are having proximity of only four months and the lands situated only at a distance of 2 1/2 kilometer and accordingly, in the present case the Reference Court has awarded compensation of Rs.1,40,000/- per acre.

(3.) Being aggrieved by the same, the claimants have preferred the present appeal on the ground that in LAC No.165/2003, the Reference Court had determined the market value on the basis of capitalization method by taking sugarcane crop with yield of 35 tonnes and the price at Rs.800/- per tonne for the year 1996-1997 and therefore in the present case also as per Ex.P.2 - yield certificate, yield of sugarcane is 50 tonnes per acre, therefore, submitted the Reference Court ought to have determined the market value by considering 50 tonnes per acre of sugarcane. Therefore, submitted the compensation ought to have been awarded based on the capitalization method. Further argued and raised a ground that in other cases pertaining to the lands, which are acquired in Vijayapur and Bagalkot districts awarded compensation of more than Rs.2.00 lakh per acre based on capitalization method considering the sugarcane as crop for the same period. Therefore, submitted on the same ground in the present case also the claimants are entitled higher amount of compensation of more than Rs.2.00 lakh per acre.