SPECIAL L A O Vs. LAXMAN RADAVO GAWADA

JUDGEMENT

(1.) This appeal, by the Special Land Acquisition Officer, Dandeli, is directed against the Award and decree dated 8-9-1983, made in L.A.C. No. 59 of 1981, on the file of the Court of the Civil Judge, Sirsi, enhancing, in proceedings of reference under Section 18 of the Land Acquisition Act, compensation in respect of two bits of land of the extent of 2 acres 1 gunta in Survey No. 29 and 20 guntas in Survey No. 34/4 of Keverle Village, Supa Taluk, acquired for the purpose of Kalinadi Hydro Electric Project, pursuant to the preliminary notification published in the Gazette dated 12-6-1975. The enhancement is from Rs 3,000/- per acre awarded by the Land Acquisition Officer, to Rs. 12,000/- per acre in respect of 2 acres 1 gunta in Survey No. 29, and from Rs. 3000/- per acre to Rs. 15,600/- per acre in respect of the 20 guntas in Survey No. 34/4. The acquired lands were wet-lands capable of raising paddy-crop.

(2.) In enhancing the compensation the Court-below adopt-ed the method of capitalisation of net income. In respect of Survey No. 29 the Court-below estimated the gross-yield at 7 1/2 quintals relying upon the yield notification at Exhibit-D.9 which indicated that in respect of the wet-lands assessed at less than Rs. 4/- per acre the average yield is 7 1/2 quintals of paddy and that in respect of the lands assessed at more than Rs. 4/- per acre the average yield is 9 quintals. The value of the gross-yield was estimated at Rs. 160/- per quintal, indicated in Exhibit-D.10, the notifi-cation of average yield issued by the A.P.M.C., Haliyal. Accordingly, in respect of the 2 acres 1 gunta in Survey No. 29 the Court-below estimated the gross-yield, at 7 1/2 quintals per-acre, at Rs. 1200/-, Rs. 400/- per acre was deducted towards cost of cultivation. The net income of Rs.800/- was capitalised on 15 years' purchase value to yield Rs. 12,000/- which was determined as the market-value. As regards 20 guntas in Survey No. 34/4, the Court-below estimated the gross yield at 9 quintals of paddy and valuing the same at Rs. 160/- per quintal arrived at the gross-yield of Rs. 1440/-. Out of this also Rs. 400/- was deducted towards cost of cultivation and net yield of Rs. 1040/arrived at was capitalised on 15 years' purchase value yielding Rs. l5,600/- which was awarded in respect of Survey No. 34/4. These enhancements are challenged in this appeal.

(3.) We have heard Sri R.P.Hiremath, learned Government Advocate in support of the appeal and Sri M.R.Naik, Learned Counsel for the claimants. Sri Naik sought to raise certain additional contentions concerning the allow ability to the claimants of the benefit of higher solatium and higher interest under Section 23(2) and 28 of the Land Acquisition Act respectively read with Sections 15(b) and 18 and 30 of the Central Amending Act 68 of 1984. In this appeal, appellant has not questioned the correct-ness of the estimate of the gross yield at 7 1/2 and 9 quintals, respectively, for the two lands. Nor is the price taken to assess value of that gross-yield questioned. What is questioned is the appropriateness of the multiplier of 15 employed and of the deductions of only Rs. 400/- per acre as cost of cultivation. On the contentions urged at the hearing, the following points fall for determination in this appeal :