A GOPALAKRISHNA NAIDU Vs. DISTRICT REVENUE OFFICER

JUDGEMENT

(1.) AN extent of 41. 97 acres in Survey Nos. 272, 280, 286, 287, 288, 294, 295, 299, 300, 302 and 306 to 308 in Putur village was originally requisitioned under the Madras Requisition and Acquisition of Immovable Property Act, 1956, for establishing a State Seed Farm, by a notification dated 31-10-1962. The Lands were taken possession of by the State on 24-1-1963. Subsequently the State acquired the lands under the provisions of the said Act. While awarding compensation authority, the District Revenue Officer, Saidapet, grouped the lands under three heads : (1) wet lands 4. 55 acres. (2) Manavari lands 14. 01 acres and (3) dry lands 23. 41 acres. Out of the wet lands 7 acres were treated as vacant site with certain structures and the rest 4. 48 acres were valued at Rs. 35 per cent based on the basis of a sale deed Ex. B. 3 dated 27-8-1962 relating to S. No. 195/2. As regards Manavari lands, out of the extent of 14. 01 acres the competent authority found that actually 13. 57 acres were being cultivated with paddy and therefore, he treated it more or less as wet land and fixed a compensation at Rs. 31 per cent based on Ex. B. 4 dated 19-2-63, which dealt with S. Nos. 402 and 396. Out of dry lands of 23. 41 acres the competent authority found that 5. 44 acres have been actually irrigated with well water and paddy is raised. For those lands he has fixed Rs. 20 per cent as the market value based on Ex. B. 5 dated 17-91962, dealing with S. No. 10/1 17. 72 acres out of the dry lands were found to be cultivated with dry crops and therefore he fixed a sum of Rs. 15 per cent for those lands based on the sale deed Ex. B. 6 dated 20-7-1961 dealing with S. No. 126. As regards the balance of 25 cents out of the dry lands it was found that it was only vacant lands with occasional cultivation with dry crops and, for this extent the competent authority fixed the value at Rs. 10 per cent. The competent authority thus fixed the compensation for the entire lands acquired only on the basis of the existing sale deeds in and around the locality. When the matter was referred to the arbitrator (District Judge) at the instance of the appellant, he also adopted the same basis. But he however increased the value fixed by the competent authority slightly in respect of all the categories of lands as shown in the statement given below : s. No. Nature Area A. C. Value fixed by competent authority, per. cent. Rs. Award 294-2b } 295-A } Wet 4. 48 35 40 80 300-2 } 302-A } ,, 0. 7 10 12 80 288-3,4,5 } 291-2,1 } { Manavari { Paddy { Cultivation 13. 57 31 35 80 295-3b 302-1a ,, 44 10 12 80 272-3,280 } 286,287-1 } 287-2,288-1} 2,299-2 } {dry paddy grown} 5. 44 17. 72 2 307-2,308 } 306-2} Rainfed dry crops 0. 25 10 12 45

(2.) IN the lands acquired, there were five wells, one in each of the survey numbers 280, 299/1, 298/3,302/1a and 307/2. The competent authority valued all these wells and fixed compensation therefor. There were certain structures such as cattle shed, pump set etc. in S. No. 298/2, a cattle shed in S. No. 307 and a pump set in S. No. 307/2 and those structures were also valued by the arbitrator. The appellant was aggrieved against the valuation fixed by the competent authority in respect of the two wells to Rs. 5,000 each. Not satisfied with the compensation fixed by the lower Court (arbitrator) for the lands, structures and wells, the appellants are before this Court in A. S. 778 of 1967. They claim compensation at the rate of Rs. 80 per cent in respect of lands which are cultivated with paddy and at the rate of Rs. 45 per cent, for the other lands in which admittedly dry crops are raised. The appellants also claim an enhanced compensation of Rs. 23. 870 for the structures and wells in addition to the sum of Rs. 26130-15 already awarded by the lower Court. Hence the question in the said appeal is whether the valuation fixed by the Court for the lands, wells and structures is proper and reasonable.

(3.) IN A. S. 779 of 1967 appellants claim a higher recurring compensation of Rs. 30,000 for the period of requisition as against the sum of Rupees 13,686-76 fixed by the competent authority and affirmed by the arbitrator.