ASST COMMISSIONER GADAG Vs. DAVALAPPA

JUDGEMENT

(1.) This is an appeal by the State by its Assistant Engineer, Gadag, Sub-Division, Gadag and the Executive Engineer, Minor R. 18 Irrigation, Dharwar.

(2.) Certain land belonging to the respondents was notified for acquisition. The extent of the land was seven acres. It was agricultural land situated in Shingata rayankere village, Mundargi Taluk, Dharwad District. The preliminary notification dated 15-10-1981 was issued for acquisition of the said land for purposes of construction of an irrigation tank at the village. The land Acquisition Officer awarded Rs. 800/- per acre. Aggrieved by the same, the respondents sought a refirence under Section 18 of the Land Acquisition Act (the Act for short), in reference case No. LAC. No. 174 of 1989, the learned Civil Judge, Gadag, awarded Rs. 7,500/- together with solatium at 30% and additional market value at 12% per annum under sub-section (1-A) of Section 23 of the Act.

(3.) Aggrieved by the enhancement made by the Civil Court, this appeal is preferred inter alia on the ground that the learned Judge, in the absence of the average yield certificate, erred in accepting the version putforward by the claimants despite holding that their evidence was not credible.