SPECIAL LAND ACQUISITION OFFICER S V H E P SAGAR DIST SHIMOGA Vs. B CHANNAVEERAPPA

JUDGEMENT

(1.) By a preliminary notification made on September 10, 1961, there was an acquisition of 10 acres 39 guntas of wet lands, 23 guntas of dry land and 5 guntas of garden land. These properties, belonged to the claimant, situate in the village of Mathikoppa in the District of Shimoga. The Land Acquisition Officer awarded compensation for the wet lands at the rate of Rs. 800 an acre and for the garden land at the rate of Rs. 10,000 an acre. We are not concerned with the compensation awarded for the dry land in this appeal, since the matter is not before us.

(2.) But, in the enhancement proceedings, the District Judge enhanced the compensation for the wet land to a sum calculated at Rs. 2,000 an acre and for the garden land to a sum calculated at Rs. 21,000 an acre. The Land Acquisition Officer complains that the enhancement made by the District Judge is excessive.

(3.) Mr. Ramadas, the learned Government Pleader submitted to us that the District Judge made a mistake in thinking that he could adopt the capitalisation method for the estimate of the market value of the lands on the basis of the income from the properties forgetting that the lands were in occupation of tenants, who were paying only the agreed rent.