MIRZA NAUSHERWAN KHAN Vs. COLLECTOR LAND ACQUISITION HYDERABAD

JUDGEMENT

(1.) This appeal, by certificate, arises out of land acquisition proceedings under the Hyderabad Land Acquisition Act (Hyderabad Act IX of 1309 Fasli) (hereinafter called the Act, for short) which substantially resembles the provisions of the Central Land Acquisition Act.

(2.) The Government of Andhra Pradesh acquired a large open area with some buildings thereon by Notification, dated January 3, 1957 with a view to construct Income-tax and Central Excise Offices of Hyderabad. The contest before us is confined to the quantum of compensation and, although Shri Vasudeva Pillai, counsel for the appellants, has pressed his points with persistence, we are unable to disturb the High Court's award.

(3.) The land, vast in extent, had a building with a plinth area of 3,300 sq. yds. The area in which the acquired plot is situate is perhaps an important one in the City. After getting expert valuation made of the building by the Central Public Works Department Engineer, the Collector awarded a sum of Rs. 41,674/- for the building, Rs. 1,440/ for the standing trees and a sum of Rs. 30,630/- for a belt of land 50 ft. deep at Rs. 15/- per square yard and Rs. 99, 435/ for the remaining area of 13,258 sq yds. The total figure together with statutory solatium granted by the Collector was Rupees 1,99,155.85. This figure fell far short of the ambitious claim of the appellant and, when the case came before the City Civil Court on a reference, there was an enhancement of compensation. Although the learned Additional Chief Judge held that the area was a little less than had been determined by the Collector, the market value of the building was increased nearly four-fold on the basis of a multiple of 25 times the rent fetched. On the other items also some changes were made and, consequentially, the total amount was raised to Rs. 3,31,092/- . The appellant arrived in the High Court asking for more (and the State also appears to have appealed, but is appeal was dismissed and we are not therefore concerned with it).