H. NARAVANAISH Vs. LAND ACQUISITION OFFICER AND OTHERS

JUDGEMENT

(1.) THESE appeals are directed against the common judgment and awards dated 27th August, 1969 passed by the III Additional Civil Judge, Bangalore, in LAC Nos. 33, 35, 36, 37,38, 39, 42 and 43 of 1968 on his file, awarding compensation at the rate of Rs. 4/ - per square yard for the lands acquired. These lands were acquired for formation of Binnamangala Lay Out, II Stage, by preliminary notification dated 21st July, 1960. The Land Acquisition Officer awarded compensation at the rate of Rs. 8,000/ - per acre for garden lands facing rail road, Rs. 7,000/ -per acre for garden lands interior, Rs. 6,500/ - per acre for dry lands and Rs. 500/ - per acre for Kharab lands which were raised as stated above, to Rs. 4/ - per square yard by the learned Civil Judge. Aggrieved by the said common judgment and awards, the claimants came up in the above appeals before this Court.

(2.) THIS Court, once before, decided these appeals by its judgment and awards dated 21st June, 1975 against which the Trust Board went up in appeal to the Supreme Court of India and the Supreme Court of India, by its judgment and order dated 16th August, 1976 passed in CA Nos. 644 to 650 of 1974 (1) allowed the appeal and remanded these cases back to this Court with the following observations: ...The result is that we allow these appeals and set aside the judgment and order of the Karnatka High Court and direct it to decide the cases afresh on evidence on record, so as to determine the market value of the land acquired on the date of the notification under Section 16 of the Bangalore Act. It will also decide the question, after affording parties opportunities to lead necessary evidence, whether the judgment, sought to be offered as additional evidence could be admitted....

(3.) SHRI S. Rangaraj, the learned Advocate appearing for the claimants in MFA Nos. 444 to 450 of 1970, vehemently argued that the comspensation awarded by the learned Civil Judge at the rate of Rs. 4/ - per square yard is on the lower side. He submitted that the compensation should be based, at any rate, on the amount of market value fixed for similar lands, covered under the award passed in MFA No. 140 and connected matters of 1969 at the rate of Rs. 25,000/ by this Court. It is for that purpose that he has given an application to admit the said awards into evidence. He further submitted that in view of Sub -section (3) of Section 3 of the Act to further amend the Land Acquisition Act, 1894, viz., Act No. 10 of 1968, the claimants should also be paid interest at 6 per cent per annum from the date of expiry of three years from the date of the preliminary notification till the date of tender of payment of compensation awarded by the Collector.