SPECIAL DEPUTY COLLECTOR Vs. KARUPPAYEE AMMAL

JUDGEMENT

(1.) THESE appeals are by the State and they have been preferred against the judgment and decrees of the learned Principal Sub -ordinate Judge, Tiruchirapalli, in O. P Nos. 176 to 184 and 186 of 1966 respectively. They are concerned with the question as to proper compensation payable in respect of the lands belonging to the respondents herein, situate in Palanganangudi village, in Tiruchirapalli, District, and acquired under the Land Acquisition Act, for the Defence Equipment factory, Tiruchirapalli. Those lands were acquired pursuant to the notification under Section 4 (1) of the Land Acquisition Act, dated 4 -12 -1963. In all these cases, the Land Acquisition Officer awarded compensation at the rate of Rs. 4 per cent. The court on reference made under Section 18 of the Land Acquisition Act, enhanced the same to Rs. 5.50 per cent. In three cases, namely, A. S. No. 200 of 1969, A. S. 203 of 1969 and A. S. 205 of 1969, in addition to the compensation for the lands at the rate mentioned above, the court also awarded compensation for the wells situate in the respective lands in question at the rate of Rs. 1308.35, Rs. 1338.35 and Rs. 1340.02 respectively. In these appeals, the enhancement of the compensation from Rs. 4 to Rs. 5.50 per cent, as well as the award of compensation for the wells in the lands involved in the three appeals referred to above are being challenged.

(2.) THE first point that is taken with regard to the enhancement of compensation is that the claimants themselves in the enquiry held pursuant to the notice under Section 9 of the Land Acquisition Act, agreed to receive compensation at the rate of Rs. 4 per cent. that in view of that, it is not open to them to claim any enhanced compensation and that equally it is not open to the court to enhance the compensation in exercise of it powers on a reference under Section 18 of the Land Acquisition Act. Having regard to the facts of these cases as well as the legal position, this stand of the State is well -founded. Ex. B -2 is a statement given by Karuppayee Ammal, the claimant in O. P. 176 of 1966 and the respondent in A. S. No. 197 of 1969, before the Land Acquisition Officer on 24 -7 -1964, agreeing to receive compensation at Rs. 400/ - per acre. Ex. B -3 dated 24 -7 -1964 is a statement given by Janakiammal, claimant in O. P. 181 of 1966 and respondent in A. S. No. 202 of 1969, before the Land Acquisition Officer agreeing to receive compensation at the rate of Rs. 400/ - per acre. Ex. B -4 dated 24 -7 -1964 is a similar statement given by the claimant in O.P. 182 of 1966 and respondent in A.S. No. 203 of 1969. Ex. B -5 dated 24 -7 -1964 is a similar statement given by the claimant in O. P. No. 183 of 1966 and respondent in A. S. No.204 of 1969. Ex. B -6 dated 24 -7 -1964 is a similar statement given by the claimant in O.P. 184 of 1966 and respondent in A.S. No. 205 of 1969 and Ex. B -7 dated 24 -7 -1964 is a similar statement given by the claimant in O.P. No. 186 of 1966 and respondent in A.S. No. 206 of 1969. In the other four cases no such statement recorded from the claimants has been produced before the court. On the other hand in the statements of the Land Acquisition Officer made to the court, it was expressly stated that in all these cases at the time of the award enquiry on 24 -7 -1964, the interested persons had agreed to the rate of Rs. 400/ - per acre, when the Land Acquisition Officer informed them of the above rate at which compensation was proposed to be paid to the land owners. Even in the awards passed by the Land Acquisition Officer, it is clearly and categorically mentioned that the interested persons had agreed to the rate of Rs. 400/ - per acre. Notwithstanding this, in the claim statements made by the claimants before the court, they did not dispute the correctness of the statement contained in the awards as well as the statements forwarded by the Land Acquisition Officer to the court stating that the interested persons had agreed to receive compensation at the rate of Rupees 400/ - per acre. Consequently, the position before the learned Principal Subordinate Judge was that in all these cases the claimants had agreed at the time of the award enquiry, to receive compensation at the rate of Rs. 400 per acre and therefore Section 25 (1) of the Land Acquisition Act came into operation.

(3.) WITH regard to the second aspect, a Bench of the Punjab High Court in Punjab State v. M/s. Lachhman Dass Mukundlal. AIR 1964 Punj 68, observed: served: