meters which was sold for Rs.37,600/ in an auction sale on 2.1.1989 which works out to Rs.114.29 per sq.m .
The Land Acquisition Officer, Gadag, made an award dated 14.2.1997 awarding a companypensation of Rs.45,000/ per acre.
Instead of Ex.
Feeling aggrieved, the Housing Board has filed these appeals by special leave.
By deducting 33 from Rs.6,60,977/ it arrived at the market value as Rs.4,42,875/ per acre which was rounded off to Rs.442,000/ per acre, while awarding the companypensation.
P 2 was in regard to a nearby land.
by the Gadag Betegeri municipality on 20.11.1989, for a price of Rs.24500/ which works out to a price of Rs.163.33 per sq.m .
On a reference being made at the instance of the land owners, the Reference Court, by judgment and award dated 11.7.2003, determined the companypensation for the acquired lands as Rs.2,17,372/ per acre.
The High Court, by impugned judgment dated 30.1.2008, dismissed the appeals of the appellant and allowed the cross objections filed by the land owners and increased the companypensation to Rs.4,42,000/ per acre.
P 2 should have been preferred.
For this purpose, the Reference Court relied upon Exhibit P 2 which is a sale deed dated 30.7.1992 executed by the Municipal Commissioner, Gadag Betegeri Municipality in favour of one Manikamma in regard to a plot measuring 329 sq.
The appellant have put forth the following companytentions Ex.
P 2 was across the road from the acquired lands and was therefore a neighbouring property.
The land owners filed cross objections.
The Reference Court referred to the evidence showing that the plot companyered by Ex.
Feeling aggrieved, the Appellant Housing Board filed appeals.
Therefore, Ex.
P 19 which related to another auction sale of a smaller plot measuring 150 sq.m.
The Reference Court, therefore, arrived at the market value per acre as Rs.4,62,494/ .
On that basis the value of one acre of land works out to Rs.4,62,494.
P 19 relied upon by the High Court did number relate to a neighbouring land whereas there was specific evidence that the plot companyered by Ex.
P19 or ExP2 which relate to auction sales.
The High Court was of the view that the deduction cut towards development factor should be only 33 instead of 53 adopted by the Reference Court.
Further as Ex.
P 2 ought to have been preferred to Ex.
P 2 relied upon by the Reference Court, the High Court relied upon Ex.
On that basis the High Court works out the market value per acre as Rs.6,60,977/ .
P 19 related to a very small plot it ought to have been ignored and the transaction relating to the larger plot Ex.
V.RAVEENDRAN, J. Leave granted.
An extent of 127 acres 26 guntas of lands in Betegeri village within the municipal limits of Gadag Betegeri Municipality, was acquired for Karnataka Housing Board in pursuance of Preliminary Notification dated 6.2.1992.
