ASSISTANT COMMISSIONER BELGAUM Vs. CHANDASAHEB MOHADDINSAB

JUDGEMENT

(1.) this appeal is directed against the judgment and award dated 20-4-1983 made by the principal civil judge, belgaum, in a reference under Section 18 of the Land Acquisition Act ('the act' for short).

(2.) briefly stated, the essential fads of the case are these : a reference is stated to have been made under Section 18 of the act for fixation of the compensation in respect of the acquired lands. Sy.no. 1008 measures 6 acres 8 guntas of land, sy.no. 1313 consists of 13 acres 32 guntas of land, sy.no. 1314/1 measures 26 acres 27 gunlas of land and sy. No. 1353/1 measures 9 acres 120 guntas of land and all the lands are situate within the limits of belgaum belonging to the claimants. All these lands were acquired by the erstwhile Bombay state pursuant to a preliminary notification No. 112, dated 17-3-1941 issued under Section 4 of the act for the purpose of extension of belgaum city. The acquisition was made on the request of the president of the erstwhile belgaum borough municipality and, subsequent to acquisition, and assistant commissioner, belgaum, commenced proceedings for fixation of compensation which culminated in the award dated 18-8-1960 fixing the market value of wet land at Rs. 1,100/- per acre and jirayat land at Rs. 400/- per acre. A reference under Section 18 of the act was received in the court of the civil judge on 31-2-1982.

(3.) the following points were considered by the learned civil judge :