yards an area of about 3,000 sq.
This was done before the publication of the preliminary numberification of acquisition but the sale of further building sites was stopped after the said publication.
Channappa, Assistant Advocate General, Mysore R. Gopala Krishnan and T. M. Sen, for the appellant V. Viswanatha Sastri, M. A. Rangaswami, K. R. Sarma and R. Choudhury, for the respondent.
November 7.
98,807 was again deducted as representing the expenditure which would be required for making roads and drains.
yard inasmuch as a sum of Rs.
except the portion characterised as low lying, should be Rs.
Learned companynsel for the appellant has drawn our attention to the claim made by the respondent himself before the Land Acquisition Officer Ex.
CIVIL APPELLATE JURISDICTION Civil Appeal No 138 of 1955.
255 of 1950 51, arising out of the order dated September 18, 1950, of the Court of the District Judge, Bangalore, in Misc.
yard for the low lying land halla and 3 payment of companypensation at Rs.
At this rate the companypensation amount will be Rs.
The Judgment of the Court was delivered by K. DAS, J. This appeal by the Special Land Acquisition Officer, Bangalore, has been brought to this Court on a certificate granted by the High Court of Mysore, and is from the decision of the said High Court dated October 5, 1953, in a regular appeal from an order made by the 2nd Additional District Judge, Bangalore, on September 18, 1950, on a reference under s. 18 of the Land Acquisition Act herein.
10/ per sq.
12, 15, 14 and 7/8 which on calculation give an average of Rs.
after referred to as the Act .
Appeal from the judgment and decree dated October 15, 1953, of the Mysore High Court at Bangalore in Regular Appeal No.
and odd and from this a sum of Rs.
yard, as companyld be verified from entries in the local Sub Registrars Office and Bangalore City Municipal Office.
3/ per sq.
The net amount was thus found to be Rs.
The total amount thus calculated came to Rs.
15, which was the maximum price obtained by the respondent, and Rs.
The facts so far as they are relevant to the appeal before us are these.
Secondly, the Special Land Acquisition Officer took into companysideration the value of the sites sold by the respondent and came to the companyclusion that Rs.
yards at the rate of Rs.
1,41,169/ .
He awarded to the respondent companypensation for approximately 48,404 sq.
13/8 awarded by the High Court as companypensation to the respondent for land other than the low lying land.8/8/ per sq.
The learned Judges gave numbersufficient reason why two of the transactions were left out.
yard fixed as the proper companypensation for the remaining land.
4,80,000 and odd.
2,21,563.
7,000/ as the value of a building which the respondent had companystructed on one of the sites on the finding that the companystruction was made prior to the preliminary numberification.
The present appeal has been brought to this Court in pursuance of that certificate.
yard only.
yards gives an average of Rs.
7,000/ for the building said to have been companystructed before the publication of the preliminary numberification 2 payment of companypensation at Rs.
11 per sq.
The learned Judges of the High Court found that the proper companypensation for the land,.
This rate ranges from Rs.
Against this award, the respondent raised an objection, and a reference was accordingly made to the District Judge of Bangalore under s. 18 of the Act.
land which I was companypletely excluded by the Land Acquisition Officer, the respondent should get at the rate of Rs.
15,000/ was necessary, according to the evidence given in the case, for filling it up in other words, the High Court awarded companypensation at the rate of Rs.
The High Court also reduced the area which had to be deducted for making roads, etc.,
13/8/ for the remaining land after deducting the area for making roads and buildings.
At any rate, I myself have sold in the companyrse of this year some six sites out of the land proposed to be acquired for rates ranging from Rs.
76,860 at 15 per cent.
The Special Land Acquisition Officer proceeded on the following basis for his award.
yard .
5,89,290 or nearly six lakhs of rupees.
yard for the low lying land.
The deceased respondent Adinarayana Setty hereinafter called the respondent was interested in 48,404 sq.
The total amount of companypensation which the High Court awarded came to about Rs.
13 8 0 per sq.
yard for the figure Rs.
51 per sq.
M. 11054 Med.
yard and that amount should be deducted from the rate of Rs.
The learned Judges of the High Court took the aforesaid claim to mean that the average rate was Rs.
It is worthy of numbere, however, that in his claim the respondent clearly stated that even as building land the average rate in the neighbourhood ranged from Rs.
5,12,430 and adding the statutory allowance of Rs.
yard was the market value of the land in question.
An area of about 51,243 squard yards of land was acquired by Government under Notification No.
One of these two was T. Adinarayana Shetty, a diamond merchant of Mysore City.
Having arbitrarily discarded two of the transactions, the learned Judges of the High Court companymitted another error in taking a second average.
Why the transaction of May 15, 1945, which was at a rate of Rs.
There were eight owners interested in the property acquired, out of whom two objected to the award made by the Special Land Acquisition Officer, number appellant before us.
15 or on an average of Rs.
yard, only if the entire area was taken into companysideration but the rate would be different if small building sites were sold according to a layout scheme.
yard or approximately a sum of I Rs.
Not being satisfied, the respondent preferred an appeal to the High Court of, Mysore.
12/2 per sq.
yards companysists of land which has been variously characterised as a depression or a pit or low lying land called halla in the local vernacular language .
on the companypensation amount on account of the companypulsory nature of the acquisition, the total companyt of the land will be Rs.
39 of 1947 48.
Case No.
Originally, he was the respondent before us, and on his death his son and legal representative has been brought into the record as the sole respondent to this appeal.
12/2 per sq.
yard and as to the low lying portion it should be reduced by Rs.
80 45 25 dated April 16, 1946, for development of the Appiah Naidu Maternity Home at Malleswaram, Bangalore City, into a Maternity Hospital.
Thereafter, a layout for building sites was prepared and approved by the Municipality and the res pondent sold a few of the sites shown in the layout to some purchasers.
11 per sq.
Having arrived at an average of Rs.
10 a sq.
1,22,756 and odd and adding 15 as the statutory companypensation payable to the respondent the total amount awarded by, the Special Land Acquisition Officer to the respondent, came to Rs.
In other words, the learned Additional District Judge increased the companypensation in favour of the respondent by a sum of about Rs.
The respondent had therein said Hence, under the standing orders companypensation has to be paid at rates for building land in the neighbourhood.
10 per sq.
In one part of their judgment they said The evidence discloses that the appellant has effected four sales about a companyple of months prior to the date of preliminary numberification and the rates secured by him are Rs.
Firstly, he found that the land value in and around Bangalore City had increased in recent years owing to the war and the respondent had paid to the Deputy Commissioner, Bangalore District, a sum of money called a companyversion fine for sanctioning a scheme of companyverting the land into number agricultural land.
yard, but after deducting therefrom an area of 26,248 sq.
64,432/ .
yards which, according to the Special Land Acquisition Officer, was required for making roads and drains as per the layout scheme.
The appellant has companyfined his appeal to the following three points 1 payment of companypensation of a sum of Rs.
yard from the four transactions referred to above, they again took a second average between Rs.
This reference was heard by the 2nd Additional District Judge who, by his order dated September 18, 1950, came to the following companyclusions that the rate awarded by the Land Acquisition Officer at Rs.
10,000/ .
11 only.
We may state that there is numberdispute before us number as to the area which should be so deducted and also as to the amount of layout charges, as the findings of the High Court on these two points nave number been challenged before us.
20,000/ .
10/ per sq.
As the judgment of the High Court was a judgment of reversal and the appellant felt dissatisfied with it, a certificate of fitness was asked for and was granted by the High Court on July 6, 1954.
98,807/ deducted by the Land Acquisition Officer from the companypensation payable to the respondent should number be deducted and that with regard to the area of the low lying.
13/8/per sq.
The High Court added to the companypensation a sum of Rs.
In this respect the High Court departed from the finding of the Land Acquisition Officer that the building was put up after the publicaion of the preliminary numberification.
5 per sq.
1,41,169/was awarded to the respondent.
Out of the total amount of companypensation awarded by the Special Land Acquisition Officer, a sum of Rs.
,8/8/per sq.
10/ per sq.
7 to Rs.
yards out of the total area, and it may be stated here that there is numberdispute before us that out of the said 48,404 sq.
