SHAMALBHAI LALLUBHAI PATEL Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) These appeals from a common judgment of the Gujrat High Court arise out of proceedings relating to acquisition of land situate in three villages Achar, Ranip and Kali, the notification Under section 4 of the Land Acquisition Act 1894, hereinafter called the Act having been issued on July 14, 1954.

(2.) We shall first deal with the group of Civil Appeals Nos. 1030,1031/66 and 1092/69 out of which the first two are by spe cial leave and the third by certificate. The first appeal arises out of compensation case No. 53/56. The award which was made by the Land Acquisition Officer comprises two categories of lands (i) 25 building plots in survey No. 127; the total area being 2720 sq.yds and (ii) road plot, the being 8170 sq yds. The Land Acquisition Officer awarded compensation at the rate of Rs. 6/- per sq. yd, in respect of the building plots and Rs. 1/- per sq. yd. for the road plot. The district Judge to whom the matter was taken by means of reference confirmed the award of the Land Acquisition Officer with regard to the building plot but enhanced the compensation payable for the road plot. According to his award the compen sation was to be payable at the rate of Rs. 1.50 per sq. yd. for that plot. The High Court, in appeal, reduced the compensation payable for the land covered by the building plots to Rs 3.80 per sq. yd. But increased the compensation on account oi the road plot to the same figure, namely, Rs. 3.80 per sq. yd. In other words according to the decision of the High Court which was given in appeals preferred by the claimants, the rate was to be uniform for the land under 25 building plots and the road i.e. Rs. 3.80 per sq. yd. In the next appeal which arises out of compensation case No. 60/56 the area involved was 4481 sq. yds which was covered by 39 building plots in/survey No. 127. The Land Acquisition Officer had awarded compensation at the rate of Rs. 6/- per sq.yd. The District Judge on reference confirmed his award. Although no appeal had been preferred by the Land Acquisition Officer the High Court reduced the compensation payable by fixing the rate at Rs. 3.80 per sq.yd. The third appeal arises out of compensation case No. 49/56. We are concerned with 3 survey Nos. in this case. An area of 32 acres was acquired out of survey No. 267/A, of 4 acres and 14 gunthas out of survey No. 258/A and 2 gunthas only out of survey No. 271. The compensation awarded by the Land Acquisition Officer for the first area was at the rate of Rs. 1.50 per sq.yd. The District Judge on reference increased the rate to Rs. 3.00 per sq.yd. The High Court on appeal fixed the rate at Rs. 4/- per sq.yd. As regards the area in survey No. 268/A the compensation awarded- by the Land Acquisition Officer, the District Judge and the High Court was at the rate of Rs. 1.50, Rs. 2.250 and Rs. 4/- per sq.yd. respectively. The valuation of small area of 2 gunthas in survey No. 271 was determined by the Land Acquisition Officer District Judge and the High Court at the rate of Rs. 75/-, Rs. 180 per guntha and Rs. 2.75 per sq.yd. respectively.

(3.) Now, so far as 39 building plots in survey No. 127 were concerned which formed the subject matter of compensation case No. 60/56 we are unable to appreciate how the High Court could reduce the compensation awarded below the figure fixed by the Land Acquisition Officer namely Rs. 6f- per sq.yd. Section 25 of the Land Acquisition Act Provides in unequivocal terms that the amount awarded to the claimants by the Court shall not exceed the amount claimed by him or be less than the amount awarded by the collector under Section 11. It was, therefore, not open to the High Court to reduce the rate of at which the compensation was to be calculated from Rs. 6/- to 3.80 per sq.yd. According to the claimants compensation should have been awarded at the rate of Rs. 7.50 per sq.yd. The High Court considered in detail the history of survey No. 127, its situation, and potentalities. The evidence which was led in respect of the sale transaction was also discussed. One instance in particular which was of a sale deed Exh. 89 dated July 5, 1954 may be mentioned. By this sale two plots measuring 226 sq.ys. were sold out of survey No. 127 at a rate which worked out at Rs. 7.19 per sq.yd. In the opinion of the High Court Exh. 89 afforded a good instance. The arguments on behalf of the claimants were entirely based on this instance before the High Court. It was pointed out by the High Court that the pricepaid for the two plots covered by the sale deed Exh. 89 was paid not only for the ownership rights in those plots but also for the rights of easement over the whole area of the road plot totaling 8176 sp.yds. The High Court proceeded to evaluate the rights of easement and came to the conclusion that was represent the interest of the dominant tenement and 1/4th that of the servent tenement. In this manner the price was worked out at 5.66 per yd. It is unnecessary to go into the other deductions which were made at the rate of 33 1/3% on account of the largeness of the area by the High Court. The real position which emerges is that even after taking into consideration the instance furnished by the sale deed Exh. 89 the market value would not exceed Rs. 6/- per sq. yd. As compensation had been awarded at that rate by the Land Acquisition Officer the High Court had no jurisdiction to reduce it to Rs. 3.80 per sq.yd. The judgment of the High Court in so far as it relates to C.A. 1031/66 will have to be set aside and that of the district Judge restored.