DYAMAGOUDA PARAVATGOUDA PATIL Vs. SPECIAL LAND ACQUISITION

JUDGEMENT

(1.) The land of appellant is acquired for the purpose of road widening between Hubli-Dharwad, near Navanagar area. The extent of land acquired is 32 guntas. The Land Acquisition Officer awarded compensation at the rate of Rs.The Reference Court has awarded Rs. 70.50 per sq. ft., after giving deduction to an extent of 53% towards development charges. The appellant has filed this appeal seeking enhancement of compensation. The learned Government Advocate Sri. K.B. Adhyapak appearing for the respondents strenuously contend that the compensation awarded is sound and proper and it does not call for any enhancement. The deduction effected towards development charges is sound and proper.

(2.) The learned counsel for the appellant on the other hand submitted that the land is acquired for the purpose widening of the road. The Highway Authority would become owner of the land to its every inch in the land unlike in housing layout, no part of the land is diverted towards civic amenities. In a case were small extent of land is acquired and the acquiring authority utilize the land fully for its purpose, there is need to give deduction towards development. In that regard, the learned counsel for the appellant relied upon the decision of the Supreme Court in the case of Atma Sing v. State of Haryana, 2008 2 SCC 568

(3.) Per contra, the Government advocate has referred the decision of the Supreme Court in the case of Subh Ram and others v. State of Haryana and others, 2010 1 SCC 444 wherein it is held that the ratio laid down in Atma Sing's case will not have universal application and the ratio is restricted to the peculiar facts and circumstances of the Atma Sing s case, 2008 AIR(SC) 709.