SPECIAL LAND ACQUISITION OFFICER Vs. GUNDAPPAGOWDA

JUDGEMENT

(1.) THESE 11 appeals are presented by the Special Land Acquisition Officer, Hosanagar, against the awards made by the learned Civil Judge, Sagar, in separate references under Section 18 of the Land Acquisition Act.

(2.) THERE are large number of appeals presented by the Special Land Acquisition Officer, Hosanagar, against the awards made by the Civil Judge, Sagar, Shimoga district which are posted for hearing. There are also a few appeals by the claimants. These ten appeals together with the cross objection in one of the appeals are taken up for hearing. As the decision rendered in these appeals would govern all other appeals also, learned Counsel appearing for the claimants in other similar matters were also permitted to address arguments.

(3.) THE facts of these cases, in brief, are these: -Preliminary Notifications under Section 4(1) of the Land Acquisition Act ('the Act' for short) were issued in July 1980, or within a few months thereafter, proposing to acquire the lands in connection with the execution of 'Varahi Hydro Electric Project' AND ANR. project called 'Sane Hakkalu Project'. After the final Notification was issued and notices were issued to interested persons under Section 9 of the Act, the claimants lodged their claims for compensation before the Special Land Acquisition Officer. In most of the cases lands acquired were areca garden lands and paddy growing wet lands, and in some of the cases lands acquired were also dry lands. Before the Land Acquisition Officer the compensation claimed by the claimants varied from Rs. 1,000/ - to Rs. 14,000/ - per acre for dry lands, Rs. 15,000/ - to Rs. 40,000/ - per acre of wet lands and Rs. 1,00,000/ - to Rs. 1,50,000/ - for areca garden lands. The Mahazardars had estimated the dry lands at Rs. 5,000/ - per acre, wet land at Rs.15,000/ - per acre and areca garden land at Rs.80,000/ - per acre. There were no sale transactions in respect of any of the agricultural lands from 1972 onwards, as stated by the Special Land Acquisition Officer in his award. As a result, he had to ascertain the market value of the lands only by capitalisation method.