- (1.) These appeals are preferred against the judgment of the Karnataka high Court. The question in short is whether the compensation awarded under the head "fourthly" in sub-section (1) of Section 23 of the Land acquisition Act does, or does not, represent the compensation for the land acquired. Section 23 (1) reads as follows: "23.Matters to be considered in determining compensation. (1) In determining the amount of compensation to be awarded for land acquired under this Act, the court shall take into consideration first, the market value of the land at the date of the publication of the notification under Section 4, sub-section (1) ; secondly, the damage sustained by the person interested, by reason of the taking of any standing crops or trees which may be on the land at the time of the Collector's taking possession thereof; thirdly, the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of severing such land from his other land; fourthly, the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of the acquisition injuriously affecting his other property, moveable or immovable, in any other manner, or his earnings; fifthly, if, in consequence of the acquisition of the land by the collector, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change and sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under Section 6 and the time of the Collector's taking possession of the land. "
(2.) The High Court has held, and in our opinion rightly, that the amount awarded under the said head stands on the same footing as the amount awarded under any other head in the said sub-section (sic section) and that no distinction as between them is permissible. All of them represent the compensation awarded for the land acquired under the Act. The High Court was right in answering the question referred to it in the negative i. e. in favour of the Revenue and against the assessee.
(3.) Appeals are accordingly dismissed.;