LINGAPPAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners ,who are agriculturists of Sunkathanur village in Pandavapura taluk have challenged the order of the Assistant Commissioner and Betterment Levy Officer, Pandavapura Sub-Division in Case No. BCR 3/72-73 dated 30-7-75 a copy of which has been marked as Exhibit 'C'.

(2.) The Assistant Commissioner and Betterment Levy Officer (Shri Y. Chandrashekhar) in the aforesaid case made an order on 22-4-75 in respect of lands belonging to these petitioners and others that Rs. 400 per acre should be levied as betterment contribution in respect of , all lands benefited by the construction of the Ane near Bolenahalli village across the river Lakapavani. It has to be, mentioned that the Assistant Commissioner in terms of Section 4(1) of the Karnataka Irrigation (Levy of Betterment Contribution and Water Rate) Act, 1957 (hereinafter referred to as the Act) determined the value of the lands before the date of commencement of the irrigation work at Rs. 702-50 per acre and the value after the date of completion of the irrigation work at Rs. 1239-00 per acre and accordingly arrived at the difference between the market value at Rs. 536-50 P. According to Section 4(1) of the Act, the betterment contribution payable was to be an amount equal to one half of this difference. On such computation, the betterment contribution should have been only half of Rs. 536-50. However, the Assistant Commissioner determined the betterment contribution at Rs. 400 per acre and it appears that the petitioners did not challenge it.

(3.) The first proviso to S. 4(1) was amended by the Karnataka Act No. 29 of 1974 which came into force with effect from 22-6-74. The proviso as substituted by Act No. 16 of 1968 was as follows prior to the amendment by Karnataka Act No. 29 of 1974: -