LAND ACQUISITION OFFICER Vs. ASHOK

JUDGEMENT

(1.) These appeals arise out of the judgment and award dated 2-12-1980 made by the Civil Judge, Gadag, in L.A.C. No. 6/1979 on his file, awarding compensation at the rate of Rs. 3.50/- per gunta in addition to compensation paid to the structures, trees and well.

(2.) 9 acres of land were notified for acquisition for development of Horticulture in Gadag, pursuant to the preliminary notification dated 20-12-1973. The lands were situate at the outskirts of Gadag City within the municipal limits. The Land Acquisition Officer suggested the compensation at the rate of Rs. 5000/- per acre in addition to compensation for structures, trees and well. Aggrieved by the said amount of compensation awarded, the claimants got the case referred to the Civil Judge, Gadag. The Learned Civil Judge, Gadag enhanced the market value to Rs. 350/- per gunta. He also enhanced the compensation for structures and trees as also for the well. Aggrieved by the said award, the Land Acquisition Officer and Asst. Commissioner, Gadag, has instituted M.F.A. No. 544/81 whereas the claimants have instituted M.F.A. No. 750/81 contending that the compensation awarded is on the lower side.

(3.) The Learned Govt. Pleader urged before us that the lands acquired were agricultural lands and award at Ext. P-2 which is judgment and award in M.F.A. 855/77, acquiring 26 guntas of land at the rate of Rs. 500/ per gunta, should not be made the basis for awarding compensation in the present case. He further submitted that the situation of these two lands were not similar. According to him, the price paid for acquisition of 26 guntas, could not be made the basis for fixing the market value when in all 14 acres 9 guntas were acquired. He further submitted that the situation of 26 guntas of land was in developed area whereas the present land was in a developing area. Hence, he submitted that the market value fixed under Ext. P-2 should not be given in the present case for the purpose of compensation.