LAND ACQUISITION OFFICER Vs. PUTTEGOWDA

JUDGEMENT

(1.) These are 6 revision petitions preferred by the Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan, against the judgment and decree of the Court of the Dist Judge, Hassan, in MAs.32, 36, 33, 41, 35 & 43 of 1974 respectively, affirming the Award and Decrees of the Court of the Civil Judge, Hassan in LAC Nos.329, 333, 330, 342, 332 & 344 of 1972 respectively on his file.

(2.) Agricultural lands classified as wet and dry situated in Basavanaikanahalli village in Hassan Dist were acquired for the Hemavathi Reservoir Project, pursuant to the Preliminary Notification under S 4(1) of the Land Acquisition Act, published in the Mysore Gazette on different dates in the year 1971. The) Land Acquisition Officer in the Awards made by him under S.11 of the Act, fixed the market value of the lands by following the capitalisation of net income method He arrived at the net income for dry lands at Rs.167 an acre per annum; and for dry lands at Rs.320 an acre perannum. He employed the multiple of 15 for the purpose of capitalisation end thus arrived at the market value of Rs.2,505 an acre for dry lands and Rs.4,800 an acre for wet lands. The claimants not being satisfied with the offer of the LAO, sought reference to the Court under S.18 of the Land Acquisition Act.

(3.) Before the learned Civil Judge the claimants did not adduce any evidence of transactions of sale of similar lands. They gave oral evidence of the income which they were said to have been getting. That evidence was not corroborated by any independent material and rightly, was not accepted by the learned Civil Judge. The learned Civil Judge accepted the income of the lands as estimeted by the LAO and he agreed with the LAO that the net income of the dry lands was Rs.167 an acre per annum. In regard to the wet lands, however since the LAO had made an allowance of more than 50% towards cost of cultivation, the learned Civil Judge being of the opinion that 50% of the gross income was sufficient allowance for cultivation expenses, estimated the net income of the wet lands at Rs.350 an acre. The learned Civil Judge however, employed the multiple of 20 for the purpose of capitalisation of net income and thus fixed the market value of wet lands at Rs.7000 an acre and that of dry lands at Rs.3,340 an acre. A common award was passed and on the said basis separate decrees were made in favour of the claimants.