- (1.) Leave granted. Heard the learned counsel.
(2.) The lands belonging to the respondent situated at Kittur Shigihalli, measuring 8 acres 7 guntas, were acquired for the benefit of the appellant Market Committee. In regard to the said acquisition initiated under preliminary notification dated 26.03.2002, the Land Acquisition Officer determined the compensation as Rs. 36,000/- per acre. The Reference Court increased it to Rs. 4,00,000/- per acre. The High Court disposed of the appeal filed by the appellant by the impugned Judgment dated 1.12.2008 reducing the compensation from Rs.4,00,000/- per acre to Rs. 3,75,200/- per acre. The appellant challenges the said judgment, not being satisfied by the marginal reduction.
(3.) We find that the judgment of the High Court is very short and sketchy and does not contain any facts. It contains only a reference to a table of sale statistics relating to nine transactions given by the sub-Registrar and the following reasoning : "In the present case the notification is dated 26th March, 2002. The sale of one gunta sold in Sy. No.6 for R.1400 the value of land at that rate would Rs.156,000. If 33% is deducted towards development charges the compensation would be Rs.3,75,200/- per acre." It is not possible to discern either the facts or the reasons for the decision. There is no reference to the findings of the reference court. There are several errors in the two sentences deciding the appeals. Firstly, the reference to 'Sy.No.6' is erroneous. The table of nine sale statistics contained in the judgment does not refer to Survey No. 6. Further if one gunta was sold for Rs. 1400/- as assumed by the High Court, the value per acre (40 guntas) would be only Rs. 56,000/-. If 33% is deducted therefrom the market value will be Rs. 37,520/- and not Rs.3,75,200/-. Even if the price of one acre is taken as Rs. 1,56,000/- as stated by the High Court and if 33% is deducted towards development charges, the market value will be Rs.1,04,520/- per acre. Therefore, there is absolutely no basis for calculating the value as Rs.3,75,200/- as arrived at by the High Court. If the High Court had some other mode of calculation in mind, that is not indicated in the judgment. This shows non- application of mind while deciding the appeal.;