SPECIAL LAND AQUISITION OFFICER Vs. S M GAJENDRAN

JUDGEMENT

(1.) THIS appeal is filed under Section 54 of the Land Acquisition act, 1894 (LA Act for Short ). The Court fee is payable under Section 48 of the Karnataka Court Fees and Suits Valuation Act, 1958 ('cf act' for short ).

(2.) THE appellant (Karnataka Industrial Areas Development Board)has challenged the judgment and award dated 20. 7. 2000 in LAC no. 204/1996, on the file of City Civil Court, Bangalore. The LAO had passed an award dated 22-10-1993 fixing the market value as rs. 40,000. 00 per acre for an extent of 1 acre 18 guntas. The reference Court instead determining the market value, fixed the total compensation, inclusive of Statutory benefits as Rs. 12,00,000. 00 per acre. The sum awarded as compensation not only includes the market value under Section 23 (1) of LA Act, but also the Additional amount under Section 23 (1a) of LA Act and solatium under Section 23 (2) of LA Act. The increase made by the reference Court over and above the award of the Land Acquisition Officer is the subject matter of the challenge in this appeal.

(3.) AT the outset, it requires to be pointed out that awarding a lumpsum without disclosing the breakup of market value, additional amount and solatium is contrary to the method of determination of compensation specified under the LA Act. While awarding compensation, the reference Court is required to determine the market value under the first clause of Section 23 (1) and damages if any payable under. Clauses 2 to 6 of Section 23 (1) which together constitute the compensation amount. The Court should, then award additional compensation under Section 23 (1a) and solatium under section 23 (2 ). However, award of a lumpsum in this case may be justifiable on the peculiar facts of this case. Be that as it may.