SPECIAL LAND ACQUISITION OFFICER, MANGALORE Vs. SMT. OVAMMA

JUDGEMENT

(1.) THE above appeals are by the Special Land Acquisition Officer Port, Mangalore, and are directed against a common award made by the learned Second Additional Civil Judge at Mangalore, South Kanara. In O. P. No. 806/67. L. A. C. Nos. 27 28 29 and 30 of 1967. Since the claimant is common in all these cases, these appeals can be disposed of by a common judgment.

(2.) THE lands comprised in these cases are dry garden, wet II and Wet III lands. In regard to the said lands, the Land Acquisition Officer awarded compensation at the rate of Rs. 2,000/ -, Rs. 3,000/ -. Rs. 2,400/ - to Rs. 4,000/ - and Rs. 2,000/ - per acre respectively. On a reference to the Court at the instance of the claimant, the Court enhanced the compensation to Rs. 4,000/ - Rs. 13,200/ -, Rs. 8,800/ - to 13,200/ - and Rs. 6,600/ - per acre respectively, in regard to the above said lands. Aggrieved by this award, the Land Acquisition Officer has approached this Court in the present appeals.

(3.) S . No. 26/23 concerned in M. F. A. No. 340/69 is a garden land, measuring 9 cents. The claimant had claimed initially compensation at the rate of Rs. 25,000/ - per acre. Later, when she asked for a reference under Section 18 of the Land Acquisition Act. hereinafter called the Act, confined the claim to Rs. 8,000/ - per acre. The Court treating the garden land as wet II, for the reason that it was entirely surrounded by wet II lands, awarded compensation at the rate of Rs. 13,200/ - per acre. In the same appeal. S. No. 26/28, measuring 43 cents, is a wet II land, in regard to which, the claimant had claimed Rs. 25,000/ - per acre, in response to the notice issued under Section 9 of the Act. Later, while asking for a reference under Section 18 of the Act, she confined her claim to Es. 10,000/ - per acre. The Court, however awarded Rs. 13.200/ - per acre.