SPL L A O Vs. IRASANGAVVA

JUDGEMENT

(1.) Special Land Acquisition Officer. Upper Krishna Project, Narayanapur (the L.A.O., for short), has preferred under Section 54(1) of the Land Acquisition Act, 1894 ('the Act' for short), these appeals M.F. As. Nos. 1141/85, 879/15, 771/85 and 1208/85 questioning the enhanced compensation awarded by the common award and separate decrees dated 22-9 1984 in L.A.C. Nos. 173 to 176 of 1983 respectively of the Court of Principal Civil Judge at Bijapur ('the Civil Judge' for short).

(2.) Several extents of agricultural lands of Bangargund village in Muddebihal Taluk, Bijapur District, ware acquired for the submergence of Narayanpur Resarvoir Upper Krishna Project, pursuant to the preliminary notification under Section 4(0) of the Act, published in the Karnataka Gazette dated 30 11-1978. By his awards made under Section 11 of the Act, the L.A.O. categorised the acquired dry lands assessed to revenue ranging from Re. 1-22 Ps. to Re. 1-84 Ps...as 'good type' ; ranging from Re, 0-61 Ps. to Re. 1-21 Ps., as 'medium type'; and ranging from Re. 0-01 P. to Re. 0-60 Ps., as 'inferior type' and determined their par acre market value at Rs. 3,290-00, Rs. 2,600-00 and Rs. 1,890-00 respectively, adopting the capitalisation of net income method. But, he made marginal variations in the market value of the said lands on the basis of their location. However, while he determined the market value of the irrigated lands at Rs. 4,450-00 per acre he did not give any value for 'kharab ' lands. He added to the market value of the lands solatium at 15%.

(3.) Claimants sought references under Section 18 of the Act to the Learned Civil Judge seeking enhanced compensation. The learned Civil Judge, who registered the said references as L.A.C. Mos. 173 to 176 or 1983 recorded common evidence in them and decided them by a common award and separate decrees. The learned Civil Judge in his common award following capitalisation of net income method, enhanced the market value of 'good type' of lands to Rs. 6,400-00 per acre, ' medium type ' of lands to Rs. 6,000-00 per acre, 'inferior type' of lands to Rs. 5,500-00 per acre,'irrigated' lands to Rs. 11000-00 per acre and 'kharab' lands to Rs. 40-00 pre acre. He added 15% solatium on the enhanced compensation and interest thereon at 5% per annum from the date of taking possession of the lands till the date of payment.