TAYAWWA Vs. THE SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THE lands in Sy. Nos. 12 and 13 situated at Devanal Village of Bagalkot Taluk measuring 3 acres 18 guntas and 13 acres 20 guntas respectively, owned by the claimant/appellant, are acquired due to submersion under the Upper Krishna Project. The Preliminary Notification was passed on 11.02.1999. The award came to be passed on 31.08.2000 by the Special Land Acquisition Officer awarding compensation of Rs. 43,496/ - per acre. The reference court, under Section 18 of the Land Acquisition Act, enhanced the compensation to Rs. 1,55,700/ - per acre. This appeal is filed by the claimant praying for further enhancement of compensation.

(2.) ADMITTEDLY , the lands in question are irrigated lands. Out of the total extent of 16 acres 39 guntas, the claimant was growing sugar -cane in an area of 16 acres and was growing groundnut in 39 guntas of land. Thus, in our considered opinion, the reference court is justified in treating the entire lands as sugar -cane growing lands, particularly, when the lands in question are admittedly irrigated lands. The reference court has based its reasoning mainly on Ex. P -4/the Average Yield Certificate issued by the Assistant Director of Agriculture, Bagalkot, in respect of Bagalkot Taluk. The said Certificate reveals that the average yield of sugar -cane crop in Bagalkot Taluk was 86.50 tons per acre during the relevant period, which comes to 34.60 tons per acre. Ex. P.5 reveals that the sugar -cane was sold for Rs. 900/ - per ton to M/s. Gems Sugar Factory. Since, the claimant was selling the sugar -cane to M/s. Gems Sugar factory, Rs. 900/ - per ton is taken into consideration.

(3.) THE said submissions are opposed by the learned Government Advocate, who contends that the average yield, as disclosed in Ex. P -4, was justifiably taken into consideration by the Court below and therefore, no alteration need be made in that regard.