T S RAMCHANDRA SHETTY Vs. CHAIRMAN KARNATAKA HOUSING BOARD
LAWS(SC)-2009-1-73
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on January 22,2009

T.S.RAMACHANDRA SHETTY Appellant
VERSUS
CHAIRMAN, KARNATAKA HOUSING BOARD Respondents

JUDGEMENT

Dalveer Bhandari, J. - (1.) We are disposing of Civil Appeal Nos.3332 to 3334 of 2001 by this judgment. The facts of these appeals are identical. For the sake of convenience, the facts are being taken from Civil Appeal No.3332 of 2001. Appellants land measuring 1 acre 32 guntas in Survey No.32/1 at Henjagondanahalli village was acquired pursuant to the preliminary notification published on 20.5.1997.
(2.) The Land Acquisition Officer had granted compensation at the rate of Rs. 17,500/- per acre. The Reference Court on appeal enhanced the amount from Rs. 17,500/- to Rs.2,17,800/- per acre. This amount was calculated at the rate of Rs.5/- per square feet. The Karnataka Housing Board aggrieved by the said judgment preferred appeal before the High Court of Karnataka. The Division Bench of the Karnataka High Court while taking into consideration all the facts reduced the amount of compensation from Rs.2,17,800/- to Rs.1,30,680/- per acre. This amount of compensation has been calculated at the rate of Rs.3/- per square feet. In the impugned judgment, the High Court has mentioned that the claimant-appellant herein himself had purchased the land in question on 24.3.1986 for Rs.45,000/- which is based on calculation at the rate of Rs. 1.75 per square ft.
(3.) The preliminary notification under section 4(1) of the Act was issued a year later i.e. 20.5.1987. The appellant relied on the sale deeds executed subsequently and that too for smaller pieces of lands meant for housing sites being Ex.P.2 and that of 1990. The High Court in the impugned judgment has rightly observed that Ex.P.2 cannot be taken into consideration particularly keeping in view that the sale deed in respect of this very acquired land which was effected only a year ago in 1986 itself was available as a ready basis for determining the market value of the land.;


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