CHANNAVEERAPPA GOUDA Vs. LAND ACQUISITION OFFICER SAGAR

JUDGEMENT

(1.) This appeal arises under Sec 54 of the Land Acquisition Act, 1894, (hereinafter called the 'Act') and it is directed against the award and decree of the Addl Civil Judge, Shimoga, made in L A Mis Case No 304/67 Briefly stated the relevant frets are.

(2.) Pursuant to a preliminary notification under S 4(1) of the Act published in the Mysore Gazette dt/30-7-1964, 11 acres and 31 guntas of cultivable wet-land, 1 acre 14 guntas of fallow wet-land and 2 acres 15 guntas of areca garden situated at Halusale Malavalli village of Hosanagar taluk were acquired for the Linganamukki reservoir The appellant who was the claimant preferred a claim for compensation at Rs 2,500 per acre in respect of cultivable and fallow wet-lands and at Rs 35,000 an acre for the areca garden land The Land Acquisition Officer awarded compensation at Rs 1,250 per acre for cultivable wet-land, Rs 350 per acre of fallow wet-land and at Rs 9,000 per acre of areca garden On a reference made to the Civil Court under S 18 of the Act, the learned Civil Judge, Shimoga, enhanced the compensation to Rs.2,000 per acre of cultivable wet-land; Rs.1,000 per acre of fallow wet-land and to Rs.49,000 for the 2 acres and 15 guntas of areca garden which works out at Rs.18,426 an acre. Aggrieved by the said award, the claimant has preferred the above appeal.

(3.) Before the Court bleow, the parties did not adduce any evidence of sale transactions of similar lands. Witnesses were examined on both sides and the award made by the Court below is based on oral evidence adduced by the parties. In the absence of evidence fo sale transactions of similar lands, the Court below determined the market-value of the lands by adopting the 'Income Method of Valuation'. The net income from the wet-lands was fixed by the Court below at Rs.105 an acre. Then it determined its market value by multiplying the net income by 20. The figure thus arrived at was Rs.2,100 an acre for wet-land; but, it fixed the compensation at Rs.2,000 an acre. For the fallow wet-land it determined its market-value at Rs.1,000 an acre. For the areca garden, on the basis of the oral evidence, it held that the net annual income after giving deducion towards cultivation expenses is Rs.1,800 an acre. Then it fixed the market-value of the entire 2 acres 15 guntas of areca garden at Rs.49,000 whicn works at Rs.18,426 an acre approximately.