By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: "The compensation awarded by The Assistant Commissioner, Cum Competent Authority for Land Acquisition NH - 13 as agricultural land in respect of 299/2A and 299/2Bis illegal and incorrect as 299/2A and 299/2BareIndustrial land as per BUDA CDPand they are Statutory converted land and need to give the same value of land as The Assistant Commissioner, Cum Competent Authority has given in respect of Sl No 47S.No 299/1B DC Converted which will be Rs 3229/- per square meter(opposite land)instead of Rs 38.95 per square meter” Bijapur DC need to consider the application of Smt Uma Mahesh Koreand Sri Shivanand Parappa Nashi and others and set aside the order of AC and release the amount immediatelyso corrected as 299/2A and 299/2BareIndustrial land as per BUDA CDPand Statutory converted land value as that ofDC Converted ”.The compensation awarded by The Assistant Commissioner, Cum Competent Authority for Land Acquisition NH - 13 (from KM 102 to 164, 400 Four Lane) Bijapur is not correctin respect of 299/2A and 299/2Bas the market value of agricultural Land is considered instead of Industrial or commercial land which is incorrect. Whereforeapplication are filed under Sec 3G (5) of the National Highway Act 1956(As amended up to 1997) asthe amount determined by the competent authority under sub-section (1) or sub-section (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator / Deputy Commissioner, Bijapur,(Authority prescribed under National High Way Act1956 (As Amended up to , 1997) appointed by the Central Government as per the Act. The Market value is determined as per the land use like NA residential and NA commercial (industrial) and agricultural and it is pertinent to note that Land use NA residential and NAcommercial (industrial ) and agricultural is determined as per prevailing CDP as per Karnataka Town & country Planning Act 1961by virtue of a statutory provision amounted to statutory conversion the moment an entry is made either in the Master Plan or the Zonal Plan as its provisions overrides the provisions of Karnataka Land Revenue Act 1964under section 76 -M ofKarnataka Town & country Planning Act 1961 inrespect oflands coming under local planning authority like BUDA. Wherefore Increase and correction in compensation awarded is requested in respect of S.No.299/2A measuring 4950 sq.mtrs of statutory convertedindustrial land and NA land of Kasaba Bijapur as per CDP approved by Government of Karnataka under Town and country planning Act 1961.The award passed by No.NH-13/CALAQ/BJP/CR-01/2009-10 Dated: 25-02-2011 (Award Sl.No.47 ) in respect of S.No 299/2A extent acquired 4950 sq meterand compensation is awarded is of Rs 1,94,649/- as Agricultural land which is incorrect and illegal .As the land is statutory convertedindustrial land , NA and industrial (commercial) as per CDP and the Market value considered in Sl No 46 in respect of S.N.299/1Bis of Rs 3229/- sq m and the same need to be considered in respect of statutory convertedindustrial landas per CDPSl No 47 which will be Rs 4950 x 3229/- = Rs 15983550/- shall be the total compensation payable as per prevailing market rate . In the similar way S.N.299/1Bwhich is also statutory convertedindustrial land(commercial) as per CDP offor which market value of Rs 3229/- sq m is and the same market value need to be considered in respect of statutory convertedindustrial landas per CDPin respect of Sl No 48 which will be Rs 5389 x 3229/- = Rs 17401081/- shall be the total compensation payable as per prevailing market rate .