V R MANJUNATH Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THESE appeals are directed against the common judgment and award dated 30th of January 2003 made in LAC No. 331/1987 by the Second Additional City Civil Judge at Bangalore determining the market value of the acquired lands which is the subject matter of the dispute in these appeals at Rs. 370/- per sq. ft.

(2.) THE appellants in MFA No. 2538/2003 were the owners of land measuring, 1,00,473. 03 sq. ft. (11,163. 67 square yards) with an old building and trees situated at No. 1, Old Madras Road at the end of M. G Road, Bangalore and were the claimants before the Court of the Additional City civil Judge at Bangalore (hereinafter referred to as the "reference Court" ). The appellants' in mfa No. 5525/2003 are the beneficiaries for whose benefit the land referred to above was acquired. While it is the grievance of the claimants that the compensation determined by the reference Court is on the lower side and it is the grievance of the beneficiaries that the compensation determined by the Reference Court is on the higher side. Therefore, both the claimants and beneficiaries, as observed by us earlier have presented these appeals.

(3.) THE facts in brief: a preliminary notification came to be issued by the Land Acquisition Officer under Section 4 (1)of the Land Acquisition Act, 1894 (hereinafter referred to as the "act") on 24th January 1983 proposing to acquire the land referred to above for the purpose of construction of public utility administrative building by the beneficiaries. Subsequently, final notification came to be issued by the Land Acquisition Officer on 12th September 1984. The Land Acquisition Officer made an award on 31st of December 1985 which came to be approved by the State Government under section 11 (iii) of the Act on 22nd September 1986. The possession of the acquired land was taken by the Land Acquisition Officer on 10th April 1987. The Land Acquisition Officer determined the market value of the vacant lands at Rs. 150/- per sq. ft. However, he determined the value of the structure on the acquired lands at Rs. 2,80,338/- and the value of the trees situated on the acquired land at Rs. 7,492/ -. The claimants being dissatisfied with the determination of the market value sought reference under Section 18 (1) of the Act to the Reference Court. In the course of the proceedings before the Reference Court, the first claimant Sri V. R. Manjunath examined himself as PW1. On behalf of the claimant, the sale deeds dated 25th October 1983 and 8th August 1985 were respectively marked as Exs. P-1 and P2. The purchasers of two items of land covered under two sale deeds dated 25th October 1983 and 8th August 1985 were examined as PW2 and PW3 respectively. The award passed by the Land Acquisition Officer dated 22nd September 1986 was marked as ex. P-3. On behalf of the Land Acquisition Officer, he examined himself as RW1. On behalf of the beneficiaries, Sri. Srinivas Murthy, Assistant General Manager of the beneficiaries was examined as DW2. However, no documents were produced either on behalf of the Land acquisition Officer or on behalf of the beneficiaries before the Reference Court. The Reference Court, on consideration of the evidence on record, as noticed by us earlier, determined the market value of the acquired land at Rs. 370/- per sq. ft. No compensation was awarded towards the structure. The Reference Court also awarded the statutory interest, solatium and the additional amount over enhanced compensation @ 12% p. a. from the date of preliminary notification till the date of the award i. e. from 24th January 1983 to 22nd September