DAYAPRAKASH TRIKAMBHAI Vs. SPEICAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) * * * *

(2.) A short but an Interesting question arises in this appeal. The notification under sec. 4(1) of the Land Acquisition Act 1894 was published in the Government Gazette on 3rd September 1958 In pursuance of a notice issued under sec. 9 of the Act the appellant- claimant filed his claim statement on 20th August 1959 At that time on the land under acquisition he had not planted the plantain plants The award was given by the Land Acquisition Officer on 10-11-59. The possession of the land was taken on 5-12-1959 i.e. after the award. The Land Acquisition Officer had made the Panchnama at the time of taking possession of the land. That Panchnama is Ex. 40 of 29-11-1959. It means that the Panchnama was also made after the award was declared. At that time the Panchnama of the standing crops was made. The Panchnama reveals that there were 2 0 plants of plantains standing on the land under acquisition and the possession of the land alongwith those plants was taken. The claimant-appellant in the reference application that came to be made had claimed compensation for the damages caused to him on account of taking possession of the land with the standing crops. He has stated therein that the income therefrom would have been to the extent of Rs. 9 0 No doubt he laid that claim stating it to be one of the grounds in support of his total claim of Rs 12 0 and odd. The learned trial Judge observed in para 10 of his judgment in regard to this claim as under :

(3.) The material part of sec. 9 of the Act runs as under