The Land Acquisition Officer, M and MIP and Others vs Gousia Begum and Others

B. Sreenivas Gowda, J—MFA No. 731/2004 is filed by the Land Acquisition Officer, M & MIP, Gulbarga challenging the quantum of compensation awarded by the reference Court as excessive and seeking reduction.

MFA CROB No. 1039/2011 is filed by the claimant seeking enhancement.

As the appeal and Cross-Objection are arising out of the same judgment and award of the Reference Court, with the consent of learned counsel appearing for the parties, they are heard together and disposed of finally by this common judgment.

The point that arises for consideration in this appeal and Cross-Objection is;

"Whether the compensation awarded by the Reference Court is just and reasonable or does it call for reduction or enhancement?"

Learned Addl. Government Advocate submits the Reference Court having treated the acquired land as irrigated land has committed an error in deducting 40% instead of 50% towards cost of cultivation while reckoning the compensation. She submits it has also committed an error in awarding Rs. 1,000/- towards the price of four cart-loads of Jawar fodder, consequently the compensation awarded by the Reference Court is on the higher side and there is no scope for enhancement. Therefore, she prays for allowing the appeal filed by the State and dismissing the Cross-Objection filed by the claimants.

Learned counsel appearing for the Cross-Objectors submits though the Reference Court was justified in treating the acquired land as irrigated land and considering two alternative crops could be grown and deducting 40% towards cost of cultivation, but has committed an error in dividing the price of the two alternative crops by two while computing the compensation. Therefore, he prays for allowing the Cross-Objection filed by the claimant by enhancing the compensation and dismissing the appeal filed by the State.

Learned counsel for the appellant and the Cross-Objector fairly submit that the capitalization method adopted by the Reference Court for redetermining the market value is just and proper.

It is not in dispute that 2 acres 37 guntas of land in survey No. 131/2 belonging to the claimant came to be acquired by the Government for minor irrigation project pursuant to the preliminary notification dated 10.04.1997 which was followed by the final notification dated 20.06.1999. It is also not in dispute that the acquired land was classified as irrigated land.

The Land Acquisition Officer by award dated 20.06.1999 awarded compensation of Rs. 19,500/- per acre. The claimant aggrieved by the compensation awarded by the Land Acquisition Officer sought for reference to the jurisdictional Civil Court under Section 18(2) of the Land Acquisition Act for re-determination of the market value of the acquired land. The Reference Court by impugned judgment and award allowed the reference and enhanced the market value of the acquired land from Rs. 19,500/- to Rs. 58,500/- per acre.

The yield certificate issued by the competent authority and marked as Ex. P. 11 reveals that 10-20 quintals of Tur and 7.5 to 15 quintals of Jawar could be grown in one hectare of land during the relevant year. Considering the location of land and source of irrigation (channel fed), it is just and proper to hold that maximum yield of 20 quintals of Tur and 15 quintals of Jawar could be grown as alternative crops in a year in one hectare of land i.e., 8 quintals of Tur and 6 quintals of Jawar per acre. The Division Bench of this Court in MFA Nos. 5762 & 5763/2005 C/W MFA CROB Nos. 228/2007 & 26/2008 has taken 8 quintals of Tur and 6 quintals of Jawar per acre as yield. Ex. P. 12 Price List issued by the competent authority reveals that during the relevant year the maximum price of Tur was Rs. 2150/- and the model price was Rs. 1885/- per quintal. So also the maximum price of Jawar was Rs. 825/- and model price was Rs. 700/- per quintal. Therefore, it is just and proper to take the model price of Rs. 1885/- and Rs. 700/- per quintal respectively for Tur and Jawar. So the price for 8 quintals of Tur comes to Rs. 15,080/- (Rs. 1885/- x 8) and the price of 6 quintals of Jawar comes to Rs. 4,200/- (Rs. 700/- x 6). The Reference Court was justified in taking Rs. 1,000/- towards the price of four cart-load of Jawar fodder at the rate of Rs. 250/- for each cart-load of Jawar fodder following the judgment of this Court in such and similar cases. If that is so, price of crops per acre would be as under;

Learned Govt. Advocate submits since the acquired land is admittedly an irrigated land, 50% of the price arrived at is to be deducted towards cost of cultivation. If nature of crop grown is taken as wet crops like sugarcane, paddy, banana etc., it is no doubt true 50% of the said price is to be deducted towards cost of cultivation as rightly contended by the learned Additional Government Advocate. In the instant case, though the acquired land was classified as irrigated land, the Reference Court while computing the market value has taken the price of Tur and Jawar, which used to be grown in the dry land which were the crops considered by the Spl. L.A.O. while awarding compensation. Therefore, the Reference Court was justified in deducting 40% of the price towards cost of cultivation. If 40% is deducted from Rs. 20,280/- towards cost of cultivation, then the price of crops per acre comes to Rs. 12,168/- (Rs. 20,280-8112/-). If this amount is multiplied by multiplier 10, we get the market value of land per acre which comes to Rs. 1,21,680/-. Since the land acquired was an irrigated land, the value of the irrigated land is to be one and half times more of the market value of dry land. Thus, the market value of the land acquired in the instant case would be Rs. 1,82,520/-.

Accordingly, appeal filed by the Special Land Acquisition Officer, M & MIP, Gulbarga is dismissed as devoid of merit.

Cross Objection filed by the claimant is allowed. The judgment and award dated 05.06.2003 passed in LAC No. 748/1999 is modified. Compensation awarded by the Reference Court is enhanced from Rs. 58,500/- to Rs. 1,82,520/- per acre with all consequential statutory benefits including interest and cost of this appeal.

Cross-Objectors shall pay deficit Court fee if any within three weeks from today. Office shall draw award only on payment of deficit Court fee.

Draw up the award accordingly.

No order as to costs.