(1.) AT the instance of the Municipal Commissioner, Tiruchirapalli, Government acquired for purposes of a bus stand an extent of 14,438 sq. ft. in T. S. No. 2250 of Tiruchirapalli town. The notification under Section 4(1) of the Land Acquisition Act was published on 11 -6 -1952. On 31 -3 -1953. the Land Acquisition Officer passed an award determining the compensation payable at as. 8 a sq. ft. On 24 -4 -1953, one Hidayat Unnissa Begum being one of the persons interested in the land filed an application before the Land Acquisition Officer claiming compensation at Rs. 5 per sq. ft. and asking that a reference be made to court. Accordingly, on 20 -5 -1953, the Land Acquisition Officer made a reference to the Subordinate Judge of Tiruchirapalli. On 12 -3 -1956, the learned Subordinate Judge passed an award fixing the compensation at Rs. 1 -4 -0 a sq. ft. As regards costs, he directed that the Collector should pay the claimant Rs. 215 -10 -0 as costs and that the claimant in her turn should pay to the Collector costs amounting to Rs. 500. The dissatisfied claimant has now come to this court in appeal. Her case is that in any case compensation should have been awarded at the rate of Rs. 3 a sq. ft
(2.) THE property in question lies inside an area to the north of which runs a street called Singara Tope Street. To the west is a highway called the Western Bouleward Road. To the south is a theatre called Gaiety Talkies. But this property does not abut on either the Singara Tope St. or the Western Bouleward road. Access to Singara Tope St. is had by two passages, one about 4 feet wide and the other about 9 feet wide. Near the points where these passages enter Singara Tope St. are located a barber's shop, another petty shop, a electric shop, a furniture shop and a building which is described as a furniture stores. To the south are a few thatched sheds and a workshop apparently attached to the electric shop. A little to the east of the land which has been acquired is a structure labelled diamond factory. The most attractive feature of this plot, according to Mr. Narayanaswami Iyer, learned counsel for the claimant, is its proximity to the various colleges in Tiruchirapalli and the railway station.
(3.) IF we consider the suitability of this plot for the construction of houses, it will be readily appreciated that persons whose income enables them to maintain cars are not likely to choose this place at all, in view of the fact that, apart from other circumstances, access to it is only by a narrow passage 9 feet wide. The place can however be used to construct houses for people in the lower income groups. But people in those categories will not be able to pay very extravagant prices -6. The oral evidence adduced in this Case about the value of this land is of little value. (After considering the evidence his Lordship proceeded:) The only concrete basis for valuing this property is to be found in Ex. A -2. That is a document which was executed on 25 -11 -1952, and whereunder an extent of 33 ft. x 38 ft. of land in T.S. No. 24 -25 was sold to the Muslim Literary Society at the rate of Rs. 2 -8 -0 a sq. ft. We do not think that that price can be applied to the property we are now concerned with. In the first place, the property purchased by the Muslim Literary Society was a very small bit, viz., 1255 sq. ft. that is to say, it was only a little more than half a ground in area. A person who purchases a very small bit of land for his convenience may be prepared to pay something more than its fair value. In the second place, the property covered by Ex. A -2 has direct access from a public street or lane. In the third place, that purchase was effected subsequently to the notification under Section 4(1) of the Land Acquisition Act. In matters of this kind, it is impossible to completely eliminate the subjective element. The learned Subordinate Judge fixed the price at Rs. 1 -4 -0 a sq. ft., and we are unable to say that in doing so he made a mistake, We are, therefore, not prepared to interfere with the value he was fixed.