SPECIAL LAND ACQUISITION OFFICER Vs. M S SIDDALINGIAH

JUDGEMENT

(1.) The appeals one by the Land Acquisition Officer and the other by the claimant are directed against the award and decree dt. 9th Decr. 1969, made in L.A.Mis.62 of 1967 on the file of the Court of the Civil Judge, Hassan.

(2.) Five seres and 37 guntas of land comprised in S. Nos.36, 41 and 42 of Hasade village Sakaleshpur Taluk belonging to the claimant, were acquired for the Hassan Mangalore Railway line pursuant to the preliminary notification under S.4(l) of the Land Acquisition Act published in the Mysore Gazette dated December 31, 1966.

(3.) The claimant was the owner of a coffee estate of a total extent of about 29 acres. He was a registered owner of the coffee estate as required u/s.14 of the Coffee Act, 1942. Portions of the said estate were acquired for the Hassan-Bangalore Railway line, and the estate was thereby cut up into two portions as the railway line passed through the estate. The particulars of the land acquired were, 2 acres and 1 gunta in S. No.36, 2 acres and 27 guntas in S. No.41, and 1 acre and 9 guntas in S. No.42. The claimant claimed compensation for the entire extent of land at Rs.10,000 an acre. In addition, he claimed damages under Clauses (iii) and (iv) of Section 23 of the Act on the ground of injurious affection as well as damage sustained by him by reason of the severance of the land acquired from the remaining land. The Land Acquisition Officer treating an extent of 2 acres and 1 gunta comprised in S. No.36 as fallow land valued the same at Rs.800 an acre and awarded compensation accordingly. The rest of the land comprised in S. Nos. 41 and 42 was actually planted with coffee and therefore was valued at Rs.6000 an acre. The Land Acquisition Officer further awarded a sum of Rs.500 for fencing and Rs.1000 for severance.