Chandrashekhar & Ors vs Addl. Special Land Acquisition Officer

3. Since the decision dated 14th of August, 2003 was relied upon in all other judgments appealed against and the issues are based on the same material facts, the facts in appeal arising out of S.L.P. No.(s) 4997-4999/2005 are sufficient to decide the questions of law that have arisen in all these appeals.

4. On 5th of March, 1998, the lands of the appellant were notified for acquisition under Section 4 (1) of the Act, for establishment of rehabilitation centre for the ousters of Kanabur and Jainapur Village submerged due to construction of Upper Krishna Project. On 15th of August, 1998, Notification under Section 6 (1) of the Act was issued. On 1st of March, 1999, the Land Acquisition Officer (hereinafter referred to `LAO') passed an award determining the compensation @ Rs. 54, 500/- per acre and possession of the land was taken by the respondent on 31st of March, 1999. Consequent to Reference |Page 3 Application by the appellants, the LAO referred the matter to the Civil Court for determination and adjudication of correct market value payable for the acquired lands. The II Addl. Civil Judge, Bijapur, allowed the petitions and came to the conclusion that the acquired lands were similar in nature to comparable lands acquired by LAO @ Rs.23/- per Sq. Ft. for the purpose of ring road, and so the lands in question must be valued on the same terms. However, the Civil Court resorted to further deductions and held the market value of the said lands to be only Rs.17/- per Sq. Ft. on 4th of November and 6th of November, 2002 respectively. The final amount worked out to Rs.7, 40,500/- per Acre. It was submitted that as per the Valuation Report dated 5th of August, 2002, submitted by PW2, Retired Superintending Engineer (PWD), Consulting Engineer and Registered Approved Valuer in respect of the acquired lands, the market value of the lands in question had worked out to Rs.73.50/- per Sq. Ft.

12. In view of the difference in material backgrounds of the present case or Bhag Singh and Scheduled Caste Coop. (supra), we are of the opinion that the apprehension mentioned above can not be an issue in the present case.

17.In view of our discussions made herein above and in view of the decisions cited herein earlier, we are of the view that the decisions of the High Court impugned in these appeals on the termination of the market value of the lands of the appellants are set aside. We fix the market value of the acquired lands of the appellants at Rs.32.10/- per |Page 16 sq. ft. However the rest of the decision of the High Court is affirmed. In other words the appellants are entitled to 30% solatium on the enhanced compensation and interest accrued on it. The appellants are also entitled to 12% additional market value on the enhanced compensation from the date of issuance of the notification under Section 4 (1) of the Act, till the date of dispossession or till the date of award, whichever is earlier. Moreover they are also entitled to interest @ 9% on the enhanced compensation amount from the date of taking possession or award for a period of one year and thereafter @ 15% till the amount is deposited. The compensation already paid by the LAO shall be deducted. It is made clear that the enhanced compensation which has now been directed to be paid to the appellants shall be paid if the appellants shall deposit the requisite court fees on the aforesaid enhanced amount within four months from the date of supply of a copy of this order to the courts below.

18.These appeals are thus allowed to the extent indicated above. There will be no order as to the costs.