- (1.) The issue involved in the present case is whether the quantum of compensation awarded by the High Court in a land acquisition dispute is excessive or not.
(2.) A notification was published under section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') on 17.7.1994 for the acquisition of the respondents land measuring 34 guntas in Sy. No. 6/2 of Binnamangala Mahavartha Kaval, K.R. Puram, Bangalore South Taluk.
(3.) The Special Land Acquisition Officer (hereinafter referred to as 'SLAO') passed an award on 26.9.1995 granting compensation at Rs.1,30,000/- per acre along with statutory benefits. The SLAO concluded that the lands were agricultural and no sale transactions relating to the same were available. Sale transactions were available in respect of non-agricultural lands but they could not be adopted for determining the valuation of agricultural land. Therefore, the SLAO chose to rely on acquisition proceedings in respect of lands in the vicinity for determining land value. Accordingly, it was found that in the neighbouring villages of Benniganahalli, B. Narayanapura and Kaggadasapura villages, land had been acquired in favour of DRDO complex where the government had approved awards fixing land value at Rs.1,30,000/-. The said valuation was thus adopted by the SLAO in the instant case.;