COLLECTOR OF BARODA Vs. HARIDAS MAGANLAL PARIKH

JUDGEMENT

(1.) The land bearing S. No. 70 admeasuring 3 vighas-1 vasa (1 acre-32 gunthas) situated in the limits of the village of Jetalpur in Baroda Taluka belonging to the respondents came to be acquired by the Government for the purpose of construction of houses for the members of the staff of the Electricity Board at Baroda at pursuance of a Notification issued on 11-4-60 under sec. 4 of the Land Acquisition Act hereinafter to be referred to as the Act. Jetalpur village adjoins the Alkapuri area of Baroda City. The owners of that land claimed Rs. 98 10 by way of compensation under sec. 23 of the Act before the Special Land Acquisition Officer who awarded in all Rs. 9 995 nP. inclusive of solatium at the rate of 15% on the amount of compensation It was valued at the rate of Rs. 4800.00 per one acre of land. Feeling dissatisfied with that award a reference was made under sec. 18 of the Act by the Land Acquisition Officer at their instance in the Court of the District Judge at Baroda. The claim made therein was at the rate of 10 annas per one square foot of land i. e. at the rate of Rs. 27 225 per one acre of land. That claim together with other Claims made by them came to be allowed by the Joint Civil Judge (S.D.) Baroda who heard the reference. The opponents were thereby directed to pay Rs. 48 655 nP. and the costs of the reference to the claimants with interest at 4 per cent on the above amount from the date of possession to that of payment. Feeling dissatisfied with that order passed on 25th February 1963 by Mr. N. J. Patel Joint Civil Judge (Senior Division) Baroda the opponents have come In appeal before this Court.

(2.) The map Ex. 44 shows the situation of S. No. 70 as also other survey numbers situated in the Race Course Circle and round about the same. This S. No. 70 is situated in the Race Course Circle and that Race Course Circle is outside the municipal limits of Baroda though no doubt it adjoins the municipal limits. In other words the circular Race Course Road is the end of the municipal limits of Baroda. It further appears that a road coming from the Baroda Railway Station joins the Race Course Road at a point opposite to S. Nos. 70 and 74. S. No. 74 belongs to Government and the passage for S. No. 70 appears to be passing through that land for going on to the road to the east. It appears further clear from the evidence on record that at the time of the acquisition of the land there were existing various societies such as Alkapuri Co-operative Housing Society Milan Co-operative Housing Society Gautamnagar Housing Society and Sarabhai Co-operative Housing Society round about and in the vicinity of that area. At a distance of about 100 feet from the land under acquisition there was the State Transport Workshop. Sarabhai Chemical Works as the evidence discloses is at a distance of about a furlong or so from the land under acquisition. There were some other factories though no doubt at some distance from the acquired land in that area. The land under acquisition was an agricultural land and it was not converted for non-agricultural use so far While the area within the municipal limits had must developed this part of the area where the land under acquisition is situated though not developed so must it can be said to be having a building potentiality for the reason that it was situated in a fairly good and developed area.

(3.) The claimants based the claim for compensation for the land under acquisition on two grounds. The first was on the basis of the said land agreed to be purchased by some persons on behalf of Vijaynagar Co-operative Housing Society for a sum of Rs. 51 1 under an agreement of sale at Ex. 41 dated 2nd January 1960. According to the claimants that was the best piece of evidence-it being In respect of the same land and by about the same time when the notification under sec. 4 came to be issued for the acquisition of that land. They also relied upon certain instances of sale having taken place in respect of lands or plots in the nearby localities by about the same time so as to show that the land under acquisition was worth at any rate 10 annas per square foot of land. The trial Court accepted the price for which that land was agreed to be sold to Vijaynagar Co-operative Housing Society in the month of January 1960 and awarded compensation on that basis. That has been however challenged by the learned Govt. Pleader. According to him the situation of the land under acquisition can be said to be not such as to entitle the claimants to claim compensation at the rate they have asked for. According to him this land was an agricultural land and was not even converted for the non-agricultural use by obtaining necessary permission from the Collector as required under the provisions of the Land Revenue Code. He further contended that it was not within the municipal limits and cannot be said to be a land in a developed area for the real development had taken place within the municipal limits of Baroda and not so much beyond those limits viz. in the village where the land under acquisition is situated. He also pointed out that the land was almost blocked on all sides and for going on to the road tn the cast there is merely a foot-track passing through S. No. 74 as would appear from the map Ex. 40 in the case It cannot therefore be said to be just abutting on the road on that side. On that basis an attempt was made to refer to various other instances of sale of lands in the nearby locality and have the same compared with the land under acquisition for ascertaining the market value of the land. With regard to the agreement of sale as per Ex. 41 in respect of this land and two other lands S. Nos. 41/1 and 41/2 belonging to the claimants themselveS it was urged that it can hardly be said to be a real instance of sale so as to serve a good and correct guide for ascertaining the market value of the land. According to him it is difficult to call it a genuine transaction between a willing vendor and a willing vendee and even if it was found to be a bona Side transaction between two willing persons having regard to certain terms set out therein it cannot be said that the price mentioned therein correctly reflects the market price of the land under acquisition by about that time.