TOWN MUNICIPAL COUNCIL KOPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner - Town Municipal Council, Koppa, Chickmagalur district, has presented this petition praying for quashing the award made by the Land Acquisition Officer, Chickmagalur, as also the order made by the Civil Judge, Chickmagalur, on a reference under Section 18 of the Land Acquisition Act.

(2.) The facts of the case, in brief, are as follow : Land bearing Sy. Nos. 81 and 83 of Koppa village, Chickmagalur district, belonged to one Smt Sharadamma. The said survey numbers measure 3 acres 25 guntas and 3 acres 31 guntas respectively. They were acquired under the provisions of the Land Acquisition Act, at the instance of the petitioner-Town Municipal Council, Koppa. After following the prescribed procedure under the relevant provisions of the Land Acquisition Act, the Land Acquisition Officer and the Assistant Commissioner, Chickmagalur Sub-Division, Chickmagalur, made an award for payment of compensation at the rate of Rs. 5,500/- per acre which worked out to Rs. 40,700/-. The award also directed payment of solatium allowance at 15% on the amount of compensation and also Rs. 20,323 85 towards valuation of the trees standing on the lands, in all amounting to Rs. 67,128.85. The Deputy Commissioner, Chickmagalur district approved the award. Thereafter, at the instance of respondent-4, who appears to be a subsequent purchaser of the lands from its previous owner sought a reference under Section 18 of the Act to the Court. The learned Civil Judge, Chickmagalur district, made his order on 6-2-1986. As far as the request of respondent-4 for enhancement of compensation is concerned, it was rejected. The payment of interest at the rate of 9% was also directed, which even otherwise the authorities were bound to pay from the date of taking possession of the lands. As regards payment of solatium in view of the amendment to the provisions of the Land Acquisition Act requiring payment of solatium allowance at 30% on the compensation awarded, the amount of solatium awarded by the Land Acquisition Officer was doubled. All other claims were rejected.

(3.) Thereafter, the Town Municipal Council has presented this petition. The following contentions are raised in the petition.