LAND ACQUISITION OFFICER Vs. MARUTI BABU TAKALE

JUDGEMENT

(1.) THIS appeal though listed for admission with the consent of the learned counsel for the parties, finally heard and disposed of by this order.

(2.) THIRTEEN guntas of land comprised in survey Nos. 262/1a, 262/1b, 262/1c, 262/ 2a, and 262/2b as well as 1 gunta of land comprised in R. S. No. 271/2a and 171/2b of pattanakudi Village, Chikodi Taluk, Belgaum district were acquired for a public purpose for construction of percolation water tank by issuing 4 (1) notification dated 9-6-1998. The land acquisition officer after holding award enquiry and based on sales statistics fixed the market value of the acquired lands at rs. 37,100/- per acre which, on reference under section 18 (1) of the Land Acquisition Act, 1894, at the instance of the owners, the Reference court adopting capitalisation method, placing reliance on Ex. P2, the yield notification, and Ex. P3, the price list, enhanced the market value of the sugarcane growing lands to Rs. 2,40,00/- per acre and the land in which chillies were grown to Rs. 1,25,000/- per acre by the impugned judgment and award. Hence, this appeal by the Special Land Acquisition Officer.

(3.) THE learned Government Advocate submits that the Reference Court while adopting capitalisation method, erred in reckoning 40 tonnes of sugarcane, as the yield, per acre, in respect of 13 guntas of land and 5 quintals of chilli as the yield per acre of land in respect of 1 gunta of land. It is lastly contended that the Reference Court fell in error in not deducting rs. 300/- per tonne of sugarcane, towards charges for conversion into jaggery.