ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER CHITRADURGA SUB-DIVISION CHITRADURGA Vs. S.A. VISHALAKSHAMMA W/O TALKERAPPA

JUDGEMENT

(1.) THE State has filed this appeal against the order made by reference court. The land bearing survey No.142/3 in an extent of 6 acres 22 guntas of Talak Village, Challakere Taluk, belonging to respondent was acquired vide preliminary notification dated 07.12.2000 and final notification dated 12.10.2001. The Land Acquisition Officer determined compensation of Rs. 18,000/ - per acre. Therefore, claimant was before the reference court. The reference court on appreciation of evidence adduced by claimant and on consideration of records made available by the Land Acquisition Officer, determined compensation at the rate of Rs. 1,13,040/ - per acre, after recording following findings: - I. There was a borewell in the acquired land. The respondent had laid pipeline. There were 27 yielding coconut trees. II. The respondent was growing onion, sunflower, groundnut and cotton crops, as evident from RTC extracts for relevant period. The claimant was growing groundnut crop by using borewell. Thus, maximum yield of groundnut crop could be taken at 8 quintals per acre. The value of groundnut in the year 2000 was Rs. 1,350/ - per quintal. Similarly, maximum yield of onion could be taken at 80 quintals per acre. The value of one quintal of onion was determined at Rs. 300/ - during the year 2000. The prices were determined on the basis of price list procured from APMC yard, Challakere. III. The learned Judge of reference court has taken 40% towards cultivation charges. The value of groundnut in the year 2000 was determined at Rs. 1,350/ - per quintal. The learned judge of reference court has adopted 10 multiplier and thus arrived at annual yield at Rs. 6,480/ - and capitalised value of groundnut crop as Rs. 64,800/ -. As regards onion crop, reference court has taken annual yield at 80 quintals per acre and value of onion as Rs. 300/ - per quintal. After deducting 40% towards cultivation charges, determined annual value of yield of onion as Rs. 14,400/ - and capitalised value at Rs. 1,44,000/ -. IV. The learned Judge has determined capitalised value by taking into consideration the maximum yield of sunflower crop and arrived at capitalised value at Rs. 94,320/ -. The learned Judge has also taken into consideration annual yield from coconut trees. Thereafter, learned Judge taking into consideration average of annual yield of onion, groundnut, sunflower and coconuts determined compensation at Rs. 1,13,040/ - per acre of land.

(2.) THE learned Additional Government Advocate would submit that land acquired was a dry land, therefore annual yield of groundnut, onion and sunflower determined by the reference court is on higher side. The records furnished by Land Acquisition Officer and RTC extracts for the relevant period would reveal that acquired land was an irrigated land and borewell sunk by the claimant was the source of water. Therefore, the submission of learned Additional Government Advocate cannot be accepted.