GOVINDA BHAT, J. - (1.) This appeal by the Land Acquisition Officer, and the Memorandum of cross-objections by the Claimant, are concerned with the question of what is the proper sum to be awarded to the Respondent-Claimant by way of compensation in respect of the compulsory acquisition of 6 acres and 11 guntas of land in Survey No. 87 of Harihar village, which was acquired at the instance of the Harihar Town Municipality for extension of the town.
(2.) The land acquired is Survey No.87 of Harihar village within the limits of Herihar Town Municipality. The extent of the said land is 9 acres and 9 guntas, of which 1 acre 1/2 gunta is unconverted agricultural land while the rest is converted land. Ext.P5 is the plan of the land acquired. On the South of the said land is the Bangalore-Dharwar road proceeding to Davanagere, and the West there is the Harihar Railway Station Road. The Harihar Railway Station is within about a furlong from the land acquired. To the North of the land acquired, there is open ground belonging to the Railways, and beyond the said open ground, there is the Goods-shed Road which joins the Harihar Railway Station Road on the West.
(3.) There are buildings of the Bharat Oil Mills Ltd. (the Claimant), and its godowns in an area of 0-32 guntas; the area actually covered by buildings is shown in Ext.P5. Land of the extent of 1 acre 51/2 guntas fronting the Harihar Railway Station Road and Bangalore-Dharwar Road were laid out into 19 sites, as shown in Ext.P5, sometime before the preliminary notification under S.4(1) which was published in the Mysore Gazette on 15th October, 1959. Of the said 19 sites, the respondent sold site Nos. 1, 5, 6, 9, 12, 14, 16, 17 and 18 in the month of February 1959. The total extent of the said 9 sites is 0-30 guntas and the 10 sites that remained unsold measure 151/2 guntas.;