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Judgment
B.L. Hansaria, J.—Leave granted in both the petitions.
A plot of land measuring two acres was acquired by Notification dated 14.4.1988 for establishment of a sub-station by the Karnataka Electricity Board, the appellant herein. The market value of the land was fixed by the Land Acquisition Officer at Rs. l3,000/- per acre by an award made on 21.8.1989. On reference being made, the Civil Judge, however, enhanced the compensation to Rs. 10,000/- per gunta i.e. Rs. 4 lacs per acre by an order dated 16.12.1989. On appeal being preferred before the High Court, the enhancement was sustained but with the direction to deduct 65% towards development and other charges. The Electricity Board has preferred this appeal by special leave. The land owner has also approached this Court seeking further enhancement.
A persual of the order of the Reference Court shows that the land owner had himself led evidence to show the yield, which was found to be around Rs. 11,0007- per acre per. year. This was the gross income; the net annual income assessed being Rs. 5,6957-, after deducting 50% towards cost of cultivation. The market value as per the capitalisation method was, therefore, fixed at Rs. 28,470/- per acre by deducting 50% of the average annual yield, assuming that the claimant had exaggerated the average annual yield in his evidence; he being an interested witness.
The Reference Court, instead of fixing the market value at Rs. 28,470/- per acre determined as per the capitalisation method, fixed the same at Rs. 4 lacs on the strength of a solitary sale deed which related to small