M A KHAN Vs. COLLECTOR, NAINITAL

JUDGEMENT

(1.) THIS appeal has been preferred by the claimant/appellant against the judgment and award dated 12.03.1977 passed by District Judge, Nainital in Land Acquisition Case No. 24 of 1976, Smt. Ahmadi Begum versus The Collector, Nainital, whereby the reference made by the Collector, Nainital under Sec. 18 of the Land Acquisition Act was allowed partly and the claimant was held entitled for compensation of Rs. 4,94,406.00 for the acquired land and Rs. 3,960.00 for the trees and solatium at 15% on these amounts (total a sum of Rs. 5,73,120.00 instead of Rs. 3,45,694.14 awarded by the Land Acquisition Officer) alongwith interest @ 4% per annum on the increased amount of compensation from the date of possession till the date of payment.

(2.) BRIEF facts of the case, giving rise to this appeal, are that the State of U.P. has acquired 3 (three) acres of land for the construction of building of Tourist Transit Camp. The acquiring body was the Regional Tourist Officer, Nainital. Notification under Section 4(1) of the Land Acquisition Act (hereinafter referred to as the Act) was made on 18.02.1975 and notification under Sec. 6(1) was made on 30.07.1975. The acquired land belonged to the claimant Smt. Ahmadi Begum and was known as 'Dharampur Lodge' within the Municipal limits of Nainital. The Special Land Acquisition Officer calculated the award at the rate of Rs. 5.05 per sq. ft. and there from deduction of 25% has been made because the acquired land measures a vast area; another deduction of 15% has been made because the land has rocks and the land will have to be leveled; another deduction of 1 % has been made because the acquired land has pits in it and these pits will have to be filled in. In this manner the Special Land Acquisition Officer worked out the compensation to Rs. 2,96,643/ -. The trees in the acquired land had been valued at Rs.

(3.) ,960/ -. On these amounts solatium of 15% had been granted. Thus a total sum of Rs. 3,45,694.14 had been awarded to the claimant by the Special Land Acquisition Officer by his impugned award dated 26.03.1976. Aggrieved against the said award claimant -.Smt. Ahmadi Begum filed an objection before the Collector, Nainital on the grounds, inter alia, that the District Land Acquisition Officer, Nainital has erred in not properly assessing the value of the land acquired in his award and that the land acquired has wrongly been classified and grossly undervalued and the valuation given in the award is quite unreasonable and beyond the actual facts. The whole property of the applicant is situated within the heart of the Nainital town and the portion which has been acquired is the cream of all the lands. The locality where the land is acquired is a very well developed locality. The Collector made a reference to the District Judge under Sec. 18 of the Act for decision and determination according to law. 3. Before the District Judge it was contended by the claimant that the acquired land is very close to the main market of Nainital and the Land Acquisition Officer has not properly assessed its value. The land was approved by the Tourist Department for the construction of a three star hotel of the claimant and when the claimant's work was in progress the Tourist Department started acquisition proceedings. The situation of the land is very good. It has surrounded by hotels, offices, schools and the Kumaon University campus is within a radius of 1 to 2 furlongs. According to the claimant, the market rale of the land is Rs. 15/ - to Rs. 20/ - per sq. ft. The claimant had also alleged that the acquired land has a stone quarry and a sum of rupees one lac should be awarded as compensation for that quarry. The compensation paid for the trees by the Special Land Acquisition Officer is also unreasonable. According to the claimant a sum of Rs. 9000/ - should be paid to her as compensation for the trees. The deductions made by the Special Land Acquisition Officer have also been questioned by the claimant.