A NARAYAN Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This appeal is presented by the appellant under Section 54 of the Land Acquisition Act against the award made by the City Civil Judge, Bangalore in a Land Acquisition reference under Section 18 of the Land Acquisition Act.

(2.) Though the respondents are served they are not represented. We have heard the learned Counsel for the appellant and also looked into the records of the Court below.

(3.) The facts of the case are as follows : 1 acre 21 quntas of land belonging to the appellant was requisitioned by the Central Government for defence purpose under the provisions of the Requisitioning and. Acquisition of immo- veable property Act 1952. The Central Government took possession of the land and was paying rents to the appellant in accordance with the rate prescribed under the said Act, Even as the respondent was continuing in possession of the land, a preliminary notification under Section 4 of the Land Acquisition Act (for short 'the Act-) was issued on 4 5-1972 proposing to acquire the land. After considering the objection to the acquisition a final notification was issued under Section 6 of the Act, on 20th November, 1972. The Land Acquisition Officer made an award fixing the compensation payable in respect of the land acquired. Aggrieved by the quantum of compensation the appellant sought reference under Section 18 of the Land Acquisition Act. The reference was allowed and the compensation payable was determined at Rs. 44,000/- per acre. The Court also directed payment of statuory allowance at 15 per cent on the said amount and also interest at 5 per cent on the enhanced amount from the date of dispossession to the date of payment or tender.