SPECIAL LAND ACQUISITION OFFICER DEVANGERE Vs. KOTRAIAHFR

JUDGEMENT

(1.) M. F. As. Nos. 250 to 264 of 1975 are by the Special Land Acquisition Officer, B. R. ProLlect, Davangere, Chitradurga District, and are directed against the common Award and separate Decrees in L. A. C. Nos. 194 ' 171, 72, 173, 174, 177, lal, 182, 189, 19L 193, 196, 197, 198 of I rt 3 and 127 of 1974 respectively on the file of the Court of the Civil judge at Chitradurga, enhancing the compensation respecting several extents of agricultural 1inds classified as dry, wet and bagayat uituate in Devarabelakere village, Harihar Taluk, Chitraduraga District, acquired for a public purpose, namely, the "Devarabelakere Pick-up Frojecf% pursuant tu the preliminary Notification under Section 4(1) of the Land Acquisition Act published in the Gazet. te dated 15-7-1971. The connected appeals are by the seiveral claimants 'seeking further enhancement.

(2.) 'Me claim for compensation before the Land Acquisition Officer was Rupees MOM/- Per acre for the dry lands: and Rs. 80,000k per acre for the wet and bagayat lands. The Land Acquisition Officer awarded compensation valuing the acquired lands at Rs. 961/- per acro uniformly on the basis of sales statistics from the Ofice of the Sub-Registrar, Haribar Taluk The claimants did not accept the Awards made by the Land Acquisition Officer; '6ut sought references to the Civil Court under Section 18 of the Land Acquisition Act in proceedings pursuant to which the Civil judge enhanced the compensation fixing the market value of the acquired lands at Es. 4.800/- per acre for dry lauib, Rs 6',SW17 por acm for wet lands and Ra~ 12,800/.- per Pcxe for bagayat lands. While the Land Acq~]Wticm Officer has, in the appeals preferred by him. challenged the said enhancement made by the Court below, the claimants in the second set of appeal, have sought further enhancement to Bs. 7,500i-, Rs. 10,000/- and Rs. 23,000/.-, per acre for the dry, wet and bagayat lands respectively.

(3.) The determination of the market value in these cases is of considerable gene. ral importance both in the interests of the State and of the land-owners. We are told by the counsel on both iddex that an extent of about 1300 acres hre acquired for the project and the claim for compensation organised from Rs. 15,000/. tn Rs- 30,000/per acre. In such circumstances, the degree of care with which ail Award under S. 11 of the Land Acquisition Act has to be made, cannot be over-emphasises If an arbitrary award is made fixing a small amount as compensation wholly urxelated to the pruper market value of the lands and in di,regard of ~ettled principles of valuation. serious injustice will be done to the owners of land who are expropriated, Even if they are able to repair their fortunes in further proceedings in the refereix-e they would, during the T&nod of the pendency of such reference. the delay in the final disposal of which is not inconsiderable, lie deprived of the Y-t-ripensation which would be their just entitlement. The -rate of interest Permissible is only 5% per annum. which is wholly unrelated to the extent of economic conditions. On the conbary, if the award suffers frorn. extassiveness or if the award contains erwA"_43S recitals and findings which may serve to cow.titute the basis of or render inevitablo an award of compensation far in excess of the real value of the lands ' the interests of the State Will, AcQrrespondingly, suffer.