- (1.) Leave granted.
(2.) Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, 'the Act'), was published on January 12, 1978 acquiring 9 acres 10 guntas of land situated in survey Nos.118/4, 118/5A and 5B situated in Nituvalli Village, Davanagere. The Land Acquisition Officer by his order dated May 17, 1979 awarded a sum of Rs.5,000/- per acre. On reference, the Civil Court by its award and decree dated October 30, 1984 determined the compensation @ Rs.30,000/- per acre. On appeal, the High Court determined the compensation after giving deductions of 53% @ Rs.18/- per sq.yd. by judgment and decree dated August 19, 1992. Thus, this appeal by special leave has been filed by the claimants.
(3.) The State has not filed any appeal against the enhanced award of the High Court. Shri Javali, learned senior counsel appearing for the claimants, contended that in a notification issued in 1967 acquiring 1 acre 32 guntas of land covered in MFA No.670/71, MFA No.7/72 for expansion of the hospital, the High Court awarded @ Rs.35/- per sq.yd. after giving deductions. In another notification dated December 21, 1972, acquiring lands for the Police Parade Ground covered in M.F.A. No.1426 of 1987, by judgment and decree dated June 12, 1993, the Division Bench of the High Court enhanced the compensation to Rs.80/- per sq.yd. after giving deductions for establishment of Employees State Insurance Hospital; and this Court in appeals arising out of S.L.P.(C) Nos.11908-1190/95 by order dated November 10, 1995, confirmed the said market value of the agricultural lands @ Rs.115/- per sq.yed. for converted lands. In view of the fact that the lands are situated abutting the national Highway and having regard to the establishment of bus stand, the High Court committed grievous error of law in determining the compensation @ Rs.18/- per sq.yd. which is unjust and illegal. Shri Sanghi, the learned senior counsel for the respondents, has contended that the High Court has considered all the relevant facts and having regard to same, it was justified in determining the compensation at the rate of Rs.18/- per sq.yd.;