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PETITIONER: THE SPECIAL LAND ACQUISITION OFFICER,KALINADAI (HYDRO-ELECTR

       Vs.

RESPONDENT: VASANT GUNDU BALE

DATE OF JUDGMENT31/10/1995

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. KIRPAL B.N. (J)

CITATION:  1995 SCC  Supl.  (4) 649 JT 1995 (8)   158  1995 SCALE  (6)305

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Notification under Section 4(1) of the Land Acquisition Act, 1894  (for short, ‘the Act’) acquiring an extent of six acres 21  Gunthas of  land for  Hydro Electric  Project  was published on  August 12,  1975. The Land Acquisition Officer awarded compensation  at various  rates for  wet  land,  dry land, garden  land and  phot-kharab land. On reference under Section 18,  the Civil  Court enhanced the compensation at a uniform rate  of  Rs.15,520/-  per  acre.  On  appeal  under Section 54,  the High  Court enhanced  the  compensation  to Rs.18,000/- per  acre.  Dissatisfied  therewith,  the  State Government has filed this appeal by special leave.      Sri Veerappa,  the learned  counsel for  the State, has contended that  the High  Court committed grave error of law in  recording   a  finding  that  lands  were  possessed  of potential value  for building  purposes. We find no force in the contention.  It is  seen that  when 7,800 tenaments were constructed in  the project  area, it  would be clear that a township had  come into  existence. It  is an  admitted fact that the  land under acquisition is abut the township. It is also an admitted fact that in Ext.A-12 sanction was obtained on September  13, 1973  for conversion of agricultural lands into urban lands of the layout and sale of plots which could not take  place due  to the fact that mud was dumped on this land. Consequently, the sanction came to be cancelled by the Assistant Commissioner. Be that as it may, the High Court on the basis of the rental value had determined compensation at the rate of Rs.1200/- per acre applying the multiplier of 15 and arrived  at the net income at Rs.18,00/- per acre. It is now settled law that the uniform rate of multiplier of 10 is being applied  for the  lands acquired  even in the State of Karnataka. Even  acceding the  multiplier of  12 as  held by this Court  in Special  Land Acquisition  Officer, Davangree vs. P.  Veerabhadarappa and  Ors. [1984  (2) SCC  120],  the claimant cannot  get more  than Rs.14,000/-  per acre. Since

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the State  had not  filed the  appeal against  the  enhanced compensation under Section 26 of the Act, the amount awarded by the  Reference Court  had become  final. Therefore,  this Court cannot interfere with and reduce the compensation less than the  amount awarded  by the  Civil Court.  The enhanced compensation stands  upheld at  the rate  of Rs.15,520/- per acre with  solatium at  the rate  of 15% and 15% interest on the enhanced compensation.      The  appeal   is  accordingly   allowed  but   in   the circumstances without costs.