KAZI ATAULLA HARUNI Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) WE have heard the appellant's learned Counsel and the learned government Advocate on merits. In this case, the acquisition which had been undertaken in Sedam town in the year 1973 was the subject-matter of the reference before us. The Special Land Acquisition Officer had awarded a sum of Rs. 700/- per acre as compensation by virtue of his award dated 31-1-1979. The appellant had prayed for an enhancement at the rate of Rs. 15/- per sq. yard or Rs. 72,600/- per acre. The learned Civil Judge after a detailed consideration awarded Rs. 10,000/- per acre along with statutory benefits. In the present appeal that has been directed against that order the prayer is that the compensation be stepped upto Rs. 1. 06 lakhs per acre with statutory benefits and the principal justification that has been pleaded is that there can be no better parameter for the Court to have used than the price at which these very plots were sold by the authorities. To that extent, this is a rather unusual case and we have examined the contention threadbare before according our approval to it.

(2.) THE Reference Court has done a detailed evaluation of the rate at which the plots were ultimately sold by the Municipal Council and has very rightly worked out an average and having done so, the Court has arrived at Rs. 2. 42 lakhs per acre. Thereafter, the Reference Court has considered the escalation for the 9 years and has worked out a figure of 10% per year and has deducted as much as 90%. In addition to this, the development expenditure at the rate of 53% has been deducted and the Court has ultimately awarded a sum of Rs. 10,000/- per acre as compensation.

(3.) MR. Shankar, learned Counsel who represents the appellant has submitted that this is a case in which there was no other material before the reference Court for purposes of ascertaining the true and correct market value other than the rates at which the plots in question which had been carved out of this very land had been sold P. Ws. 3 and 4 were examined because they are purchasers of two such plots apart from which, the information was sought for from the Municipal Council and the authentic figures were obtained by the Reference Court. Mr. Shankar submits that the formula adopted by the Reference Court cannot be faulted and that as far as the base figure is concerned, that he accepts the same.