SHANKAR GANESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) MFA.851 of 1974 by the claimant and MFA.779 of 1974 by the State are directed against the award and decree d/.24-6-1974 of the Prl Civil Judge, Bijapur, in LAC.14 of 1971 in respect of 3 acres and 16 guntas of land in Sy No. 169 of Mahal Bagayat, Bijapur, acquired for a public purpose, namely, for the Agricultural Produce Market Committee, Bijapur, pursuant to the preliminary Notification published in the Gazette d.23-11-67.

(2.) The claimant claimed compensation at the rate of Rs.5 per sq foot or Rs.2,17,800 an acre. The Land Acquisition Officer awarded compensation at the rate of Rs.3,000 an acre. The claimant not haying accepted the award, a reference under S.18 of the Land Acquisition Act was made to the Civil Court which enhanced the compensation to Rs. 10,000 an acre. The State has challenged the enhancement; while the claimant seeks further enhancement. ,

(3.) The claimant relied, in the main, upon tie following documentary evidence in support of his claim: (i) ExtsPS to P11 pertaining to the auction-sale d. 4-8-1966 of plots Nos.21, 22, 25 and 26 respectively, of an extent of 1200 sq feet each, parceled out in CTS No. 1121, Ward III, Bijapur, for price ranging from Rs.3-75 to Rs.4-25 per sq feet. . (ii) ExtP12 relating to sale d.10-11-1961 of a plot in CTS No. 1280/3 Ward III. Bijapur, at Rs. 1-60 per sq foot. (iii) ExtP22 relating to auction d. 17-12-1973 of plots in GTS No.1134 of Ward III, Bijapur, fetching a price of Rs.1-60 per sq foot. (iV) ExtP7 the certified copy of the judgment in MA.6/1967 c/w 7/67 of the Dist Court, Bijapur, assessing the market value of 3040 sq yards of lands in CTS No.1167/A1 of Bijapur Town at Rs.9-45 per sq-yard for purposes of compensation under Bombay Land Requisition Act, 1948. (v) Ext P13 the judgment of this Court ,d. 5-1-1966 in RA. No, 158/58 c/w RA. No.159/58 determining the compensation at Rs. 0-55 per sq foot in respect of land in CTS Nos.1131 and 1133 of Ward No.III, Bijapur, acquired for the purposes of Agricultural Produce Market Committee, pursuant to the preliminary Notification dt.25-11-1952, and fvi) Ext P14 being the opinion of the valuer PW.2 certifying the market value at Rs. 1-86 per sq foot.