SPECIAL LAND ACQUISITION OFFICER MANGALORE Vs. PIADADE FERNANDES

JUDGEMENT

(1.) These are an appeal and a cross-appeal, preferred by the Special Land Acquisition Officer, West Coast Road, Mangalore (hereinafter referred to as L. A. O.) and the claimant respectively. They are directed against an award made in O. P. No. 115 of 1963, on 28-11-1966. by the principal Civil Judge, Man-galore, they are therefore, disposed of by a common judgment.

(2.) By a Notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the L. A. Act) published on 9-2-1961, 54 cents of dry land in S. no. 43/6-A- 1-B of Kanakandy village was acquired for the purpose of construction of an approach road to Nethravathi bridge near Mangalore. There were also some buildings on the land whose total extent, in the ownership of the claimant, was 1 acre 20 cents and formed a part of the southern portion of the aforesaid number. It is not in dispute that the said land was sloping and really formed part of a small hill, and the village of Kanakandy. in which the said land is situate, was situated lust outside the Municipal limits of Mangalorc Town.

(3.) Before adverting specifically to the compensation awarded by the Court in regard to various heads of claims, it will be necessary to set out the claims made by the claimant, in response to the notice issued under Section 9, and in his application for a reference under Section 18 of the L. A. Act. in order to appreciate the contentions urged on behalf of the parties. It is relevant to note that some of the claims relative to severance and injurious affection are mostly based on the proposed road lying about 40' (feet) below the level of the remaining portions of the above survey number. By the formation of the said road the land became divided into two strips the eastern portion having an area of 16 cents and the western portion 56 cents. It seems to us prima facie that the formation of such a road by the acquiring authority cannot be made a basis for determination of damages payable under the L. A. Act It is clearly a case of exercise of a right of ownership vested in the acquiring authority, and. if at all, it may give rise to a cause of action in tort, arising subsequent to such acquisition. We however, do not propose to express any concluded opinion on this question, as the compensation awarded in regard to some of these lands is either small or clearly not supported by an appropriate claim made before the L. A. p., and, therefore, the questions arising in this behalf can be disposed of otherwise.