STATE OF MADRAS Vs. A M NANJAN

JUDGEMENT

(1.) The only question that arises for consideration in these appeals by certificate of the High Court of Judicature at Madras relates to the quantum of compensation with regard to acquisition of 18.34 acres of land in Mulligoor village, Nilgiris District, belonging to the respondents.

(2.) The land in question was acquired for the purpose of a hydroelectric scheme at Kundah. A Notification under Section 4 (1) of the Land Acquisition Act, 1894, was duly published on May 1, 1957. This land was purchased by the respondents' father by a sale deed (Ext. B-1) of February 22, 1951, for a consideration of Rs.4,218/4/- from the Nilgiris Wattle Plantations Limited. The rate at which the purchase was made was Rs.230/- per acre. The Collector awarded compensation at the rate of Rs.500/- per acre. On a reference at the instance of the claimants (respondents herein) the Subordinate Judge raised the compensation to Rs.1800/- per acre. The State as well as the claimants appealed to the High Court against the judgment and decree of the Subordinate Judge. By a common judgment the High Court dismissed the State's appeal and partly allowed the claimants' appeal by raising the rate of compensation to Rs.3000/- per acre. That is how the two appeals are filed by the State with certificate from the High Court.

(3.) The learned Solicitor General appearing on behalf of the State submits that the High Court erred in law in raising the rate of compensation without any basis and merely on speculation. He particularly draws our attention to an observation of the High Court in the judgment to the effect: