DATTATRAYAYA SHANKARBHAT AMBALGI Vs. COLLECTOR OF SHOLAPUR

JUDGEMENT

(1.) The appellant is the owner of Final Plot No. 22 in Town Planning Scheme No. III, Sholapur. The land is within the limits of the Sholapur Municipality and admeasures 71 acres. A part of the land measuring 31 acres, 7 gunthas, and 65 2/9 sq. yards was notified on January 23, 1958, under Section 4 of the Land Acquisition Act for compulsory acquisition for a public purpose, viz. A Polytechnic Institute. The Land Acquisition Officer awarded the appellant compensation for the land at the rate of Rs. 2,000/- per acre. In a reference made under Section 18 of the Land Acquisition Act, the Civil Judge, Senior Division, Sholapur, enhanced the compensation to Rs. 3,500/- per acre. The Land Acquisition Officer and the appellant appealed to the High Court of Bombay. In appeal the High Court awarded compensation at the rate of Rs. 2,600/- per acre. With certificate granted by the High Court these two appeals are preferred by the appellant.

(2.) Normally in an appeal under the Land Acquisition Act, this Court does not interfere with the valuation by the High Court unless the Judgment suffers from an error of principle or other substantial ground for interference is disclosed. This Court in the Special Land Acquisition Officer Bangalore vs. T. Adinarayan Setty, (1959) 1 Suppl. SCR 404 observed that the Supreme Court will not interfere, with the valuation made by the High Court unless there is something to show, not merely that on the balance of evidence it is possible to reach a different conclusion, but that the judgment cannot be supported by reason of a wrong application of principle or because some important point affecting valuation has been overlooked or misapplied.

(3.) In valuating the land the High Court failed to appreciate the full significance of a very important piece of evidence which, in our Judgment, is practically conclusive. The Government of Bombay desired to acquire the land of the appellant by private agreement. In the view of the Consulting Surveyor to the Government the value of the land could not be less than Rs. 6,000/- per acre. The Sub-Divisional Officer of Sholapur wrote on July 27, 1957 to the City Survey Officer that the land may be purchased from the appellant at the rate of Rs. 6,000/- per acre and an agreement may be obtained from him. Negotiations were then started and on November 20, 1957 a formal agreement was executed by the appellant and the Collector for sale of the land to the Government of Bombay at the rate of Rs. 5,000/- per acre for the Polytechnic Institute. Possession of the land was delivered pursuant to the agreement. But this agreement was not executed in the manner required by Article 299 (1) of the Constitution and was on that account not enforceable against the Government. The State authorities apparently sought to the take advantage of this infirmity.