R.V. Raveendran, J. - (1.) Leave granted. Heard the parties. As the ranks vary, we will refer to the Appellant in the first batch of appeals (second Respondent in the second batch) as the Corporation. The private Respondents in the first batch (the Appellants in the second batch) are referred to as the claimants.
(2.) An extent of 19 acres 24 guntas of land within the municipal limits of Gadag-Betageri were acquired for establishing an electric sub-station. The preliminary notification under Section 4(1) of the Land Acquisition Act, 1894 (Act for short) was issued on 15.9.1994. The Land Acquisition Officer made an award dated 15.11.1996 offering compensation at the rate of Rs. 60,000/- per acre. The Reference Court, by its judgment and award dated 27.2.2001 increased the compensation to Rs. 3,79,260/-per acre. Aggrieved thereby, both the claimants and the Corporation filed appeals which were disposed of by a common judgment dated 16.3.2005. The Corporations appeals were dismissed and the claimants appeals were allowed and the compensation was increased from Rs. 3,79.260/- to Rs. 6,79,935/- per acre.
(3.) The claimants had adduced four pieces of evidence in support of their claim for increase in compensation. We will refer to them briefly. 3.1) The first was a sale deed dated 27.7.1994 (Ex. P-5) in regard to a small plot of land measuring 1225 sq.feet situated at a distance of about 100 feet from the acquired lands. The sale price under Ex.P5 was Rs. 16,000/- which worked out to Rs. 5,68,890 per acre. 3.2) The second and third were two sale deeds dated 19.9.1991 (Ex. P-16) and 21.10.1991 (Ex. P-16A). They related to sale of an extent of one gunta (1089 sq.ft) of land for Rs. 30,000/- and 128.1 sq.yards for a price of Rs. 49,000/-, which works to Rs. 12,00,000/- per acre and Rs. 18,51,366/- per acre respectively. Both the plots were non-agricultural residential plots abutting a main road. The first plot was near the Railway ground and the second was near the Health Camp, within the area of Gadag-Betageri Municipality. According to the claimants, the said lands were at a distance of half a kilometre and one kilometer respectively from the acquired lands. According to the Corporation, the said plots were at a distance of about 3 to 4 kilometres. Both the plots were non-agricultural residential plots abutting a main road. 3.3) The fourth was the Reference Court judgment (Ex.P-17) and High Court Judgment (Ex.P-18) in regard to acquisition of a land at a distance of about less than one kilometre, under preliminary notification dated 6.9.1979. The said acquisition was for formation of a Road by the Gadag-Betgeri Municipal Council. The compensation awarded was Rs. 30/- per sq.ft. which works out to Rs. 13,06,800/- per acre. ;