Chandrashekar (D) By Lrs. & Ors vs Land Acquisition Officer & Anr

3. The Land Acquisition Officer announced his award on 7.7.1990. By the aforesaid award, the market value of the land, falling in the revenue estate of village Badepur, was fixed at the rate of Rs.4,100/- per acre. For the land falling in the revenue estate of village Rajapur, the Land Acquisition Officer, assessed the market value at Rs.13,500/- per acre. The landowner, Chandrashekar (whose LRs. are the appellants in Civil Appeal no.1743 of 2006) filed Writ Petition nos.15489-496 of 1990 to assail the acquisition proceedings initiated by the Gulbarga Development Authority, by finding fault with the procedure adopted. The High Court of Karnataka (hereinafter referred to as the High Court), while issuing notice, passed an interim order staying dispossession for a period of 3 weeks. By a motion bench order dated 10.8.1990, the interim order passed on 23.7.1990 was continued, "till further orders". Writ Petition nos. 15489-496 of 1990 came to be dismissed on 12.8.1991. The notification for acquisition of land as also the procedure adopted was held to be in consonance with law.

5. After adjudicating upon the matter, the Reference Court announced its award on 19.6.1999. The compensation determined by the Land Acquisition Collector at Rs.4,100/- per acre, was enhanced to Rs.1,46,000/- per acre. The Gulbarga Development Authority, as also, the Land Acquisition Officer preferred independent appeals before the High Court. By an order dated 3.11.1999, the High Court allowed the appeals, and remitted the matter to the Reference Court for reconsideration, on the issue of deductions to be made from the market value, so as to determine compensation payable to the land losers. In this behalf, it would be relevant to mention, that while determining the compensation payable to the appellant, the Reference Court had based its assessment on a sale deed dated 30.12.1983. From the market value of land assessed, on the basis of the aforesaid sale deed, the Reference Court had applied a deduction of 33 percent. The High Court having concluded, that the aforesaid deduction was inappropriate, had remanded the matter for re- determination. It is the case of the appellants before this Court, that the only issue, which the Reference Court was called upon to settle, after the High Court by its order dated 3.11.1999 had remitted the matter to the Reference Court was, the percentage of deductions to be made from the market value determined on the basis of the exemplar sale transaction, so as to determine the fair compensation payable to the landowners for acquisition of their land.

9. For the determination of market value of the acquired land, it is apparent that primary reliance has been placed by the appellants, on the exemplar sale deed dated 30.12.1983 (Exhibit P-18, before the Reference Court). It would also be relevant to mention, that through the aforesaid sale deed, land measuring 2400 square feet (40' x 60') falling in survey no.63/1, of the revenue estate of Badepur village, was sold for a total consideration of Rs.12,500/-. It would also be relevant to mention, that the Reference Court on the basis of the aforesaid exemplar sale deed, assessed the value of the land at Rs.5.20 per square foot. Having applied a deduction of 33 percent towards developmental charges, the Reference Court had arrived at the figure of Rs.3.47 per square foot. At the aforesaid rate, the value of the acquired land was assessed at Rs.1,51,153.20 per acre. The Reference Court also allowed de-escalation at the rate of 3 percent per annum, as the exemplar sale deed was executed after the issuance of the preliminary notification. Consequent upon the aforesaid deduction, the Reference Court arrived at the figure of Rs.1,44,552.20 per acre, as compensation payable for the acquired land. The said determination was rounded of to Rs.1,45,000/- per acre.

Secondly, deduction has to be made for the expenditure/expense which is likely to be incurred in providing and raising the infrastructure and civic amenities referred to above, including costs for levelling hillocks and filling up low lying lands and ditches, plotting out smaller plots and the like. This "second component" may conveniently be referred to as deductions for developmental expenditure/expense.

30. For the reasons recorded hereinabove, we find no cause or justification to interfere in the impugned order passed by the High Court.

31. Dismissed.

November 22, 2011.