1996 INSC 1155
                              Special Land Acquisition Officer, Srirangapatnam

                                                           Vs.

                                                     Nagegowda

                                         Civil Appeal No. 11369 of 1996

                                      (K. Ramaswamy, G. B. Pattanaik JJ)

                                                      23.08.1996

                                                        ORDER

1. Leave granted.

2. We have heard learned counsel on both sides.

3. Notification under Section 4(1) of the Land Acquisition Act, 1894 was published on 26-12-1985
acquiring land admeasuring 5 acres 21 gunthas for the purpose of formation of Hemavathi left bank
canal. The Land Acquisition Officer awarded compensation on 23-2-1988 @ Rs 4800 per acre. On
reference, the Civil Judge relying upon Ex. P-3 awarded compensation @ Rs 20,000 per acre. He
categorically rejected the contention of the claimant that he was growing sugarcane, hybrid jowar
and mulberry getting a full yield of Rs 25,000 per acre. On appeal, the High Court by impugned
judgment dated 18-8-1994 in FA No. 1311 of 1994 confirmed the same. Thus this appeal by special
leave.

4. Having considered the facts and circumstances in this case, we think that reasonable
compensation would be Rs 10,000 per acre. The judgment referring to Ex. A-3 has been placed
before us and it indicates that it related to land with coconut trees. Even the amount awarded by the
Civil Judge in that case is now the subject-matter in the appeal before the District Judge filed under
Section 54 of the Act. Under these circumstances, Ex. A-3 is absolutely irrelevant for determination
of the compensation. Accordingly, the respondent is entitled to enhanced compensation @ Rs
10,000 per acre with solatium at 30 per cent under Section 23(2), interest under Section 28 at 9 per
cent for one year from the taking of possession and at 15 per cent thereafter on enhanced
compensation till the date of deposit into court and additional amount under Section 23(1-A) at 13
(sic 12) per cent per annum from the date of issue of Section 4(1) notification till the date of the
award.

5. The appeal is accordingly allowed. No costs.