ASST COMMR LAO CHITRADURGA Vs. SANNA BASAIAH

JUDGEMENT

(1.) This appeal is by the Land Acquiition Officer, Chitradurga Sub-Dn. Chitradurga, challenging the award made by the Civil Judge, Chitradurga in L.A C. No 138 of 1976. An extent of 3 acres comprised in S. No. 4 of Jogihatti Village in Challakere taluke of Chitradurga District was acquired for granting house-sites to the weaker sections of the people, in pursuance of preliminary notification dated 21st February 1974 under S. 3(1) of the Karnataka Acquisition of lands for grant of House sites Act, 1972 (hereinafter referred fo as 'the Act') .

(2.) Whereas the Land Acquisition Officer awarded compensation at the late of Rs. 1,000 per acre, on reference Ihe learned Civil Judge has enhanced the same to Rs. 4,000 per acre. The learned Civil Judge has in addition to the market value determined by him at the rate of Rs. 4,000 per acre, has directed payment of solatium on the said amount at 15% It is the enhancement made by the court below that is challenged in this appeal.

(3.) Sri C. S. Kothavale, learned High Court Government Pleader appearing for the appellant, made two submissions: (1) that the court below was not right in fixing the market value at the rate of Rs. 4,000 per acre; and (2) that the Court- below was not right in awarding solatium at 15% on the market value