MALLAPPA DEAD BY L.RS. & ORS. versus THE SPECIAL LAND ACQUISITION OFFICER & ANR.

Citation: [2018] 14 S.C.R. 470 · Decided: 03-12-2018 · Supreme Court of India · Bench: ABHAY MANOHAR SAPRE · Disposal: Disposed off
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Judgment (excerpt)

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470                    SUPREME COURT REPORTS            [2018] 14 S.C.R.
MALLAPPA DEAD BY L.RS. & ORS.
v.
THE SPECIAL LAND ACQUISITION OFFICER & ANR.
(Civil Appeal No. 6057 of 2012)
DECEMBER 03, 2018
[ABHAY MANOHAR SAPRE AND INDU MALHOTRA, JJ.]
Karnataka Industrial Areas Development Act, 1966: s.28(1)
– Acquisition of land for public purpose – While appreciating the
sale deeds produced by land owners by way of exemplars, the
Special Deputy Commissioner determined the market rate of the
land in question at Rs.500/- per Gunta whereas the Reference Court
fixed the compensation @ Rs.21,000/- per Gunta – High Court,
however, reduced it to Rs.10,250/-  per Gunta – Appeal by
landowners – Held: High Court was not justified in reducing the
rate determined by the reference Court There was enough evidence
to prove the potentiality of the land in question as was clear from
the findings of the Land Acquisition Officer –  Apart from it, the
landowners also submitted 10 sale deeds wherein it was established
that price of the land situated in the adjacent area varied from
Rs.7250/- per Gunta to Rs.57,000/- per Gunta between 1977 till
1982 – In view of  these factors, there was no justifiable reason for
the High Court to reduce the rate from Rs.21,000/- per Gunta to
Rs.14,500/- per Gunta and then deducting 30% towards
development charges – In the facts and circumstances of the case
and the evidence adduced by the parties, market value of the land
in question is fixed at  Rs.21,000/-  per Gunta  and after deducting
10% towards the development charges, the compensation is fixed
at Rs.18,900/-  per Gunta – The appellants are also entitled to get
other statutory compensation payable under the Act – The
respondents  are accordingly directed to re-calculate the
compensation amount payable to the appellants – Land Acquisition.
Disposing of the appeals, the Court
HELD: 1.  The Special Deputy Commissioner (LAO) while
awarding compensation recorded a finding that the acquired land
[2018] 14 S.C.R. 470
470
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471
in question is suitable for construction of the buildings. It was
also held that the land is situated in the midst of well-developed
area of the city and is surrounded by several big factories,
industrial estate and the housing colonies. It was also held that
the land is abutting the main road passing through Hubli. In
addition, the appellants filed 10 sale deeds by way of
exemplars to prove the market value. These sale deeds were
executed from 1977 to 1982 in relation to adjacent lands. The
value of the land sold by these sale deeds varied from
Rs. 7250/- per Gunta to Rs.57,000/- per Gunta. The lands
involved in these sale deeds were of smaller area.
[Paras 13, 14][474-B-E]
2. The market rate determined by the reference Court at
the rate of Rs.21,000/- per Gunta was the proper market rate of
the land in question and the same, therefore, should have been
upheld by the High Court. There was enough evidence to prove
the potentiality of the land in question as is clear from the findings
of the Land Acquisition Officer. Apart from it, the landowners
also proved the market value of the land in question by filing 10
sale deeds wherein it was established that price of the land
situated in the adjacent area varied from Rs.7250/- per Gunta to
Rs.57,000/- per Gunta between 1977 till 1982. In view of  these
factors, there was no reason for the High Court to reduce the
rate from Rs.21,000/- per Gunta to Rs.14,500/- per Gunta and
then after deducting 30% towards development charges fixing
at Rs. 10,250/-  per Gunta. The market value of the land in
question is fixed at  Rs.21,000/- per Gunta  and after deducting
10% towards the development charges fix the market price of
the land in question at Rs.18,900/-  per Gunta. The appellants
are also entitled to get other statutory compensation payable
under the Act. The respondents  are accordingly directed to re-
calculate the compensation amount payable to the appellants in
the light of the market rate fixed by this Court, i.e.,
Rs. 18,900/- per Gunta and after making proper verification pay
to the appellants the total compensation within 3 months.
[Paras 16-21][474-C-D; 475-A-E]
MALLAPPA DEAD BY L.RS. & ORS. v. THE SPECIAL LAND
ACQUISITION OFFICER
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472                    SUPREME COURT REPORTS            [2018] 14 S.C.R.
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6057
of 2012.
From the Judgment and Order dated 12.10.2007 of the High Court
of Karnataka at Ba
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