SARASWATHI SUNDARAM Vs. ASST COMMR AND LAO BANGALORE

JUDGEMENT

(1.) This appeal is by the claimants against the Award and Decree made in L.A.C. No.12 of 1969 on the file of the Court of the Civil Judge, Bangalore City.

(2.) Land of the extent of 65,509.37 cq.ft in Sy Nos.23 and 24 of Vyalikaval, VII Main Road, Malleswaram, Bangalore City, was acquired for the Govt Porcelain Factory, pursuant to the preliminary notification under Sec.4(1) of the Land Acquisition Act, 1894, pubished in the Gazette d/17-8-1961. The declaration under S.6 of the Act was published on 2-1-1964. The Award under S.11 of the Act was made on 25-4-1968. The Land Acquisition Officer valued the land at Rs.18,000 an acre, which was not accepted by the claimants.

(3.) On reference under S.18 of the Act, the learned Civil Judge enhanced the compensation, valuing the land at Rs.24,200 an acre(Rs.5 a sq.yd.). Before the Land Acquisition Officer, the claimants had claimed compensation at Rs.50 a sq yd. In this appeal also they claim compensation at the same rate. I.As. Nos.II and IV are for admitting additional evidence in the appeal. We have perused the records of the case and heard the learned Counsel on both sides. The question for determination is as to what is the market value of the land acquired. On the basis of the material on record, it is not possible for this Cpurt to assess the market value. The purpose of valuation is to predict an economic event, the price outcome of hypothetical sale of the subject, viz, property,expressed in terms of all probabilities. The Court, for the purpose of valuation of the property referred to it, is involved in this fact-finding exercise. When the parties have failed to produce the necessary material to enable the Court to perform this function of fact-finding, the only course left is to remand the matter.