SPL LAND ACQUISITION OFFICER HIDKAL Vs. BALAPPA HANUMANT

JUDGEMENT

(1.) The appeal by the State (the Spl. Land Acquisition Officer, Hidkal Dam Project, Hidkal), is directed against the award and decree dt, 28-3-1979 passed by the Addl. Civil Judge, Chikodi, at Hukkeri, in LAC No. 261 of 1978, on his file, awarding compensation at Rs. 6,000 per acre for 'Bagayat' land, Rs. 4,000 per acre for 'Jirayat' land, Rs. 14,415 for well, Rs. 600 for hut and Rs. 500 for fruit trees, in addition to interest and solatium.

(2.) The learned High Court Government Pleader challenged only one item, viz., the compensation of Rs. 14,415 for the well. She submitted that in response to the notice issued under S. 9 of the Land Acquisition Act, the claimant claimed compensation of Rs. 10,000 for the well, as is clearly noted in the award by the Land Acquisition Officer and, as such, the learned Civil Judge could not award more. That is the only point that arises for our consideration in this appeal.

(3.) The learned counsel appearing for the claimant submitted that the bar under S. 25 of Land Acquisition Act comes in only when the amount exceeds the total amount and not the amounts for individual items. She relied on a Division Bench decision of the Andhra Pradesh High Court in the case, Kampala Nageswara Rao v. Spl. Dy. Collector, Land Acquisition (1).