LexTHE SPECIAL LAND ACQUISITION OFFICER BTDA, BAGALKOT versus MOHD. HANIF SAHIB BAWA SAHIB
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A B THE SPECIAL LAND ACQUISITION OFFICER BTDA,BAGALKOT v. MOHD. HANIF SAHIB BAWA SAHIB MARCH 19, 2002 [DORAISWAMY RAJU AND ASHOK BHAN, JJ.] Land Acquisition Act, 1894-Sections 4(1), 6 and 18-Land acquired- C Market value-Determination of-Jn earlier acquisition cases market value of adjacent land fixed at Rs. 3 per sq. ft.-ln the instant case determination on base price of Rs. 3 after appreciation in the value of the land at 10% per annum for every subsequent year-Held, the appreciation was appropriate- However, factual error in calculation of the compensation corrected by the Court. D CA. Nos. 12515/96, 13370-13371/96 and 2238-2242/2002, relate to the land acquired by Notification in 1985 under Land Acquisition Act. The land was treated as agricultural and accordingly market value was fixed. In appeal under Section 18 of the Act, the Reference Court relying on . " E the witnesses and documentary evidence gave the finding that the land was F G H w:~hin municipal limits and had a potential for further development. With regard to fixation of market value of the land, the claimants relied on Exhibit P-27 wherein market value of land in proximity of the land in question was fixed at Rs:3 per sq.ft. in 1979 i.e. seven years before the present acquisition. The Reference Court taking the base price at Rs. 3 per sq.ft. for t!te year 1979 granted an appreciation in the value of the land at 10% for every subsequent year and fixed the value of the land at Rs. 6.85 per sq.ft. After making a deduction of 20% towards development charges, the market value was fixed at Rs. 5.50 per sq.ft. Appeal of the State against the order of Reference Court was dismissed by High Court .. Civil Appeal Nos. 1152-54/2000, relate to lands acquired by Notification in 1991. In this case, Reference Court granted appreciation of 10% for every subsequent year taking the base price at Rs. 5.50 per sq.ft. which was fixed for acquisition of the land in the year 1985. The market value was determined at Rs. 7 per sq. ft. and the same was confirmed by High Court. 550 SPECIAL LAND ACQUISITION OFFICER'" MOHD HANIF SAHIB BAWA SAHIB [BHAN, J.) 55) In appeal to this Court on behalf of the appellant it was contended that A appreciation of the land at the rate of 10% for every subsequent year was erroneous and that even if appreciation of value of the land was taken at 10% the market value would come to Rs. 5.10 per sq.ft. and not Rs. 6.85 per sq. ft. The respondent-claimants conceded that reference Court bad made factual error in calculating the value of the land at Rs. 6.85 per sq. ft, however B they contended that no deductions could be made for development of the land, because the base price of Rs. 3 had been fixed after deduction of development charges. Partly allowing the appeals, the Court HELD: 1.1. Taking an overall view of the matter, the value of the land acquired by Notification in 1985 in fixed at Rs. 5 per sq. ft. instead of c Rs. 5.50 per sq.ft. which was fixed by the Reference Court and upheld by the High Court It is in addition to the statutory benefits of solatium, interest etc. Reference· court wrongly valued the land at Rs. 6.85 per sq.ft. for the year 1985. If the value is correctly calculated, the market value of the land under D acquisition in the year 1985 would come to Rs. 5.10 paise. [555-C-D; 555-A; SSS-BJ 1.2. In the facts and circumstances of the case the appreciation of 10% per annum given for the subsequent years is neither excessive nor unreasonable so as to call for interference. 1554-FJ E 1.3. Deduction on account of development charges from the price fixed cannot be made, as the base price of Rs. 3 had been determined in the earlier cases after taking into account the development charges. (555-B-CI 2. Since in the Notification for the year 1985 the market value of the F land for the year 1985 is fixed at Rs. 5 per sq. ft., on giving an appreciation of 10% in the value of the land for every subsequent year for a period of six years the value of the land would come to Rs. 8/- per sq.ft. with regard to the land acquired by Notification in 1991. As the claimants h&ve not filed either cross appeals or cross objections, the overall value of Rs. 7 per sq. ft. fixed G by the reference Court and confirmed by the High Court is thus reasonable and does not call for any interference. [555-H; 556-A] CIVIL APPELLATE JURISDICTION : Civil Appeal No. 12515 of 1996. From the J
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