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JAGDISH SINGH KHEHAR, J.

1. Through this common order, we propose to dispose of Civil Appeal no.1743 of 2006, as also, Civil Appeal nos.8899-8901 of 2011. For convenience, the factual position, as has been depicted in Civil Appeal no.1743 of 2006, has been referred to.

2. Gulbarga Development Authority, consequent upon its desire to acquire land for raising a residential layout, issued a preliminary notification under section 15(1) of the City Improvement Trust Board Act, 1976 on 13.5.1982. Through the aforesaid notification, it was proposed to acquire 144 acres of land falling in the revenue estate of villages Rajapur (71 acres) and Badepur (73 acres). The matter in respect of the acquisition of land crystallized, when the final notification was issued on 14.12.1989. Thereby the land of the appellants, measuring 8 acres 4 guntas, situated in survey no.63 of the revenue estate of village Badepur, came to be acquired. Insofar as Civil Appeal nos.8899-8901 of 2011 is concerned, the appellants' land measuring 7 acres 7 guntas, falling in survey no.14/2, in the revenue estate of village Rajapur, was acquired.

3. The Land Acquisition Officer announced his award on 7.7.1990. By the aforesaid award, the market value of the land, falling in the revenue estate of village Badepur, was fixed at the rate of Rs.4,100/- per acre. For the land falling in the revenue estate of village Rajapur, the Land Acquisition Officer, assessed the market value at Rs.13,500/- per acre. The landowner, Chandrashekar (whose LRs. are the appellants in Civil Appeal no.1743 of 2006) filed Writ Petition nos.15489-496 of 1990 to assail the acquisition proceedings initiated by the Gulbarga Development Authority, by finding fault with the procedure adopted. The High Court of Karnataka (hereinafter referred to as the High Court), while issuing notice, passed an interim order staying dispossession for a period of 3 weeks. By a motion bench order dated 10.8.1990, the interim order passed on 23.7.1990 was continued, "till further orders". Writ Petition nos. 15489-496 of 1990 came to be dismissed on 12.8.1991. The notification for acquisition of land as also the procedure adopted was held to be in consonance with law.

6. By its order dated 21.12.2002, the Reference Court re-determined the market value of the acquired land at Rs.1,45,000/- per acre. This determination by the Reference Court was again assailed before the High Court. Whilst the Gulbarga Development Authority and the Land Acquisition Officer filed appeals before the High Court for reducing the quantum of compensation awarded, the landowners preferred cross-objections for enhancement thereof. The appeals filed by the Gulbarga Development Authority and the Land Acquisition Officer were partly allowed, inasmuch as, the High Court reduced the compensation awarded by the Reference Court from Rs.1,45,000/- per acre to Rs.65,000/- per acre. The instant order passed by the High Court dated 2.4.2004 has been assailed before this Court through Civil Appeal no. 1743 of 2006, as also, through the connected Civil Appeal nos. 8899-8901 of 2011.

21. We shall now apply the aforesaid parameters to determine the veracity of the deductions allowed by the High Court. First and foremost, it has been the contention of the learned counsel for the appellants, that despite strenuous efforts having been made at the hands of the appellants, the respondents failed to divulge the expenses incurred towards developmental costs on the acquired land in question. Insofar as the instant aspect of the matter is concerned, it is relevant to notice, that the appellant submitted an application dated 4.11.1999 to the Commissioner, Gulbarga Development Authority, requiring him to furnish to the appellant, interalia, certified copies of expenditure incurred in developing survey no.63 of the revenue estate of Badepur. The appellant had specially sought, the expenditure incurred in developing 8 acres 4 guntas of the land, acquired from the appellant. The aforesaid communication was responded to vide a letter dated 16.12.1999, whereby, the Commissioner, Gulbarga Development Authority declined to furnish the certificate sought by the appellant. Based on the said denial at the hands of the respondents, it is sought to be inferred, that no developmental expenses came to be incurred on the acquired land. As such, it was the vehement contention of the learned counsel for the appellants, that it was impermissible for the High Court to have made the deduction of 55 percent from the market value determined on the basis of the exemplar sale deed dated 30.12.1983 under the head of "development". In fact, based on the aforesaid inference, it was contended, that no deduction whatsoever was permissible under the head. Alternatively it was contended, that the deduction of 33 percent applied by the Reference Court, would have been appropriate in the facts and circumstances of the case.