RAMASWAMI NAIDU Vs. STATE OF MADRAS

JUDGEMENT

(1.) THESE are two connected appeals. A. S. 604 of 1963 is by the claimants and A. S. 139 of 1964 is by the State against the same judgment of the District Judge, coimbatore in A. C. 1 of 1960 on his file. 49. 51 acres of land belonging to the claimants in Kannampalayam village. Palladam Taluk, Coimbatore District, had been acquired by the Government on 23-7-1958 for running a State Seed Farm under S. 8 (1) (b) of the Madras Requisitioning and Acquisition of Immoveable property Act, 1956. The Collector of Coimbatore classified the lands acquired into two groups for purposes of valuation. 32. 73 acres out of the area acquired were treated as garden lands and the remaining 16. 78 acres were treated as rain-fed dry lands. He fixed the value of the garden lands at Rs. 2632 per acre and the value of the dry lands at Rs. 445 per acre. As the owners did not accept the said valuation by the Collector, the matter was referred to the District Judge, coimbatore, who was appointed Arbitrator under the provisions of the said Act. Before the District Judge the claimants stated that the entire extent of lands acquired by the Government is garden land expect an extent of 1. 20 acres in S. No. 79 the market value of the garden lands at the relevant time was Rs. 10500 per acre and that there has been a gross under-valuation of the lands by the collector both in respect of garden lands and dry lands. They also claimed solatium of not less than 15% of the market value in view of the compulsory nature of the acquisition and also interest at the rate of 6 per cent per annum on the enhanced compensation claimed.

(2.) THE learned District Judge, while disposing of the reference before him, agreed with the claimants that except a small extent of 1. 20 acres, the rest of the lands acquired were garden lands and basis. As regards the value, the learned District judge fixed the market value of the garden lands (48. 31 acres) on the relevant date Rs. 2632 fixed by the Collector market value of the dry lands (1. 20 acres) at rs. 1250 as against Rs. 445 fixed by the Collector. The learned District Judge also granted solatium at the rate of 10 per cent of the market value in consideration of the compulsory nature of the acquisition as against 15 per cent claimed by the claimants. He also granted interest at the rate of 4 per cent per annum on the enhanced compensation fixed by him from the relevant date till the date of payment. The claimants have filed A. S. 604 of 1963 claiming a further enhancement of the compensation at the rate of Rs. 10500 per acre of garden land and claiming the balance of 5 per cent solatium disallowed by the learned district Judge as also interest at the rate of 6 per cent as against 4 per cent fixed by the court.

(3.) THE State has filed A. S. 139 of 1964 questioning the classification of almost the entirety of the lands acquired as garden lands as also the value fixed for the garden lands as well as dry lands. The State has also questioned the claimant's entitlement to any solatium or interest on the compensation.