RAVISHANKAR Vs. SPECIAL LAND ACQUISITION OFFICER AND ORS

JUDGEMENT

(1.) Petitioners land measuring 6.17 acres in survey no.183/1P1 of Kurnad village, Bantwal Taluk, D.K. District, amongst large tracks of land, when acquired by the respondent Karnataka Industrial Area Development Board (for short 'the KIADB) was followed by a general award, since there was no agreement or consensus between the petitioner and the KIADB to draw up an award by way of an agreement under Section 29(2) of the Karnataka Industrial Area Development Act, 1966 (for short 'the KIAD Act'). Petitioner did not oppose the general award but accepted the award and recovered compensation amount. It appears that the petitioner by a representation dated nil, acknowledged on 08.7.2011 Annexure-D, alleged that 1000 rubber saplings aged three years purchased from The Rubber Board during the year 2005, when planted on the acquired land had grown into trees, having a lifespan of 30 years and during which period would have produced rubber latex and hence each tree was of value Rs.12,555/- approximately. The Special Land Acquisition Officer attached to the KIADB is said to have addressed a letter dt. 29.07.2011 Annexure E to the Special Deputy Commissioner, KIADB for a verification and a report. Since there is no response from the KIADB, petitioner has presented this petition for the following reliefs:

(2.) The petition is opposed by filing statement of objections inter alia contending that the petition is not maintainable and the petitioner is not entitled to the relief sought for. According to the Special Land Acquisition Officer, pursuant to the final notification the market value of the land was fixed and compensation of Rs.56,98,806/- was paid to the petitioner who received the same without any demur, as indicated in Annexure -A. Though the petitioner made a representation Annexure-E for compensation for the rubber trees aged 3 years in the absence of proof of age of the trees, yield of latex its market value and other relevant facts necessary to determine compensation for malkis, when not made available by the petitioner, the Land Acquisition Officer by letter dt. 4.1.2010 requested the Deputy Rubber Production Commissioner, Rubber Board, Mangalore, to assess the Rubber Plants on the acquired land, which was responded stating that he is not empowered to value the trees, but forwarded the general estimated costs of planting and maintenance of Rubber Trees, Hence the letter Annexure-R1, requesting the Karnataka Forest Development Corporation to evaluate the rubber trees belonging to the petitioner in survey No.183/1 which was not responded to. According to the Land Acquisition Officer, the Joint Measurement Certificate does not mention of the age of the trees and the developments made by the petitioner and that the KIADB is awaiting the evaluation report from the Karnataka Forest Development Corporation. It is further stated thus:

(3.) Though learned Counsel for the petitioner vehemently contends that the Special Land Acquisition Officer after drawing an award by fixing the market value of the acquired land, has jurisdiction to pass an order and pay compensation for the trees on the land but I am not impressed by that submission.