GULINGAPPA AND ORSversusASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, GULBARG

                                                                                      -1.\

A                    GURLINGAPPA AND ORS.
                               v.                                                            .·~ '
         ASSISTANT COMMISSIONER AND LAND ACQUISITION
                       OFFICER, GULBARG

                                JANUARY 28, 1997
                                                                                                        -
B
                (K. RAMASWAMY, S. SAGHIR AHMAD AND
                         G.B. PATTANAIK, J.J.]

           Land Acquisition Act 1894 : Compensation-Award of-Court to con-
c   sider the relative values of the lands in the neighbourhood, the soil condition
    and >·ame or similar advantageous features 011 comparable prices--ln the
    instani case, the compensation awarded is almost equal to the one awarded
    in respect of lands acquired for the same project and situated in the same
    villag~Hence no inteiference called for.

D        CIVIL APPELLATE JURISDICTION: Special Leave Petition (C)
    No. 2846 of 1997.                                                                         .'-       ...
         From the Judgment and Order dated 8.2.96 of the Karnataka High
    Court in M.F.A. No. 190 of 1995.

E         Mrs. Rajni K. Prasad (T.C. Sharma) (NP) for the Petitioners.

          The following Order of the Court was delivered :

          Delay condoned.

F        Notification under Section 4(1) of the Land Acquisition Act, 1894                      ,_...
  was published in October 1977 for construction of Amerja Project. The
  Land Acquisition Officer in his award under Section 11 awarded compen-
  sation @ Rs. 3,000 per acre. On reference, the District Court enhanced
  the compensation to Rs. 6,300 per acre for dry lands and Rs. 9,820 per
G
  acre for Bgayat Lands (cultivable lands). On appeal, the High Court
  dismissed the same and confirmed the award of the reference Court. Thus,
  this spl'cial leave petition.
                                                                                                        --
        It is contended for the petitioners that in similar circumstances, the                 ,_•
  Additional Civil Judge has enhanced the compensation to Rs. 12,000 per
H acre for the irrigated land and Rs. 8,000 per acre for the dry lands· and
                                      652
             GURLINGAPPA v. ASSIT. COMMR AND LAND ACQUISITION OFFICER             653
          confirmed by the judgment of the High Court in RFA Nos. 1160 and A
          1825/92 and, therefore, the petitioners also are entitled to the same com-


-         pensation. We find no force in the contention. It is now well settled legal
          position that in compulsory acquisition, the Court would sit in the arm-
          chair of a willing purchaser and would ask whether as a reasonable prud;:nt
          vendee, he would offer in the open market the rate of market value
                                                                                        B
          proposed by him in respect of the land under acquisition. The Court
          requires to consider the relative values of the lands in the neighbourhood,
          the soil condition and same or similar advantageous features on com-
          parable prices. The High Court has pointed out .in its judgment that there
          is no evidence to show that the lands referred to in those judgments bear
          any similarity to the lands in question. On the other hand, it is pointed out  c
          that for the same project and for the lands situated in the same village
          another award for a sum of Rs. 6,320 per acre was passed by the Additional
          Civil Judge and the same has been upheld by the High Court.

                Under These circumstances, we do not find any illegality in the
          determination cf the compensation warranting interference.            D·
                 The special leave petition is accordingly dismissed.

          G.N.                                                     Petition dismissed.




                       •



-
...
    ...