STATE OF MADRAS Vs. M. G. VARADARAJULU

JUDGEMENT

(1.) A . S. No. 173 of 1970 arises out of O. P. 203 of 1966, while A. S. No. 174 of 1970 arises out of O. P. 19 of 1968, both on the file of the Court of the Subordinate Judge, Salem, and both of them being references under Section 18 of the Land Acquisition Act. The former appeal is concerned with the quantum of compensation payable for 3 acres and 68 cents of lands, while the latter appeal is concerned with the quantum of compensation payable for 4 cents of land, both the lands having been acquired for housing Harijans in Seelanaichenpatti, pursuant to a notification under Section 4 (1) of the Land Acquisition Act, dated 10 -3 -1965. The Land Acquisition Officer awarded compensation at 8= paise per sq. ft. which was enhanced to 20 paise per sq. ft, by the learned Principal Subordinate Judge, Salem, by the impugned order dated 19 -4 -1969. The State has referred these two appeals against the said enhancement principally contending that there was no material whatever before the learned ordinate Judge to justify the above enhancement and also that the learned Subordinate Judge erred in awarding interest at 6 % per annum.

(2.) THE learned Subordinate Judge written an elaborate judgment in which he has discredited the witnesses of the claimants and has also rejected all evidence produced before him. The learned Subordinate Judge made a personal inspection of the lands acquired and noted the features of the lands present as a result of his personal inspection. Before I refer to the impression of his personal inspection, I shall deal with the documentary evidence in the case first.

(3.) THE learned Subordinate Judge refers to Exs. A -1 to A -3 dated 31 -4 -1962, (sic) 6 -8 -1962 and 16 -11 -1963 respectively, in para. 13 of his judgment under which the rate worked out to 72 paise per sq. ft. The learned Subordinate Judge has pointed out that the lands covered by Exs. A -2 and A -3 are at Dhadhagapatti village, that was suggested to P. W. 1 that those lands are 7 furlongs away, that he admitted that there are 8 garden lands between the acquired lands and those lands, that he also categorically admitted that the lands covered under Exs. A -1 to A -3 are adjacent to Weavers' Co -op. Society Colony and naturally the value would be comparatively very high, that P. W. 2 spoke to the sales under Exs. A -4 and A5, that it was elicited from him that Exs. A -4 and. A -5 lands are near Trichi main road and two flour mills had been put up in those sites and that therefore Exs. A -4 and A -5 could not help to ascertain the correct market value of the acquired lands. Ex. A -6 dealt with a land 19 ft. X 20 ft. and the consideration therefor is Rs. 1,000/ -. P. W. 3 who spoke about Ex. A -6 admitted that adjoining the land covered under Ex. A -6 is .a housing colony and on one side is the Nattamangalam road and on another side built up residential areas. Therefore, Exs. A -1 to A -6, having regard to the special features and the qualities of the lands dealt with thereunder, cannot be of any help to ascertain the market value of the acquired lands. As a matter of fact, R. W. 1 in his evidence stated that he did not consider Exs. A -1 to A -6 sales because the lands sold thereunder were sold as house sites. He also stated that those lands were six furlongs away from the acquired lands. With regard to the observation of the learned Subordinate Judge, that the lands covered by Exs. A -2 and A -3 are in Dhadhagapatti village, the learned Counsel for the respondents invited my attention to the statement of R, W. 1 in his further cross -examination that Exs. A -1 to A -6 lands are inside the village limits. Even assuming that the lands covered by Exs. A -1 to A -6 are inside the village limits, that will not mean that the lands dealt thereunder are comparable to the lands acquired, for the reasons I have already indicated on the basis of the discussion of the learned Subordinate Judge in the course of his judgment. Thus, it will be seen that Exs. A -1 to A -6 cannot be of any assistance whatever to the respondents herein.