BINNY Vs. LAND ACQUISITION OFFICER MADRAS

JUDGEMENT

(1.) THE aggrieved claimant in I. A. C. No. 35 of 1972, on the file of the City Civil court, Madras, is the appellant An extent of 19 grounds 683 sq. ft. which roughly forms about 1/19th of the total extent owned by the appellant-claimant was the subject-matter of compulsory acquisition pursuant to a notification under Section 4 (1) of the Land Acquisition Act dated 6-11-1988. The property is situate in Purasawalkam comprised in R. S. 2201/10. The public purpose for which the property was acquired was for the Corporation school and playground. The Land Acquisition Officer relied upon Exs. B-2 and B-3 which were sales of plots of land to the south west of the acquired land. Under Exs. B2 and B-3 properties were sold at the rate of Rs. 5500 per ground. The Land acquisition Officer bearing in mind the locality in which the acquired property is situate increased the compensation and awarded a sum of Rs. 6000 per ground as just compensation payable to the appellant. The appellant not being satisfied with the ground (award?) sought for a reference under Section 18 of the Land acquisition Act to the civil court and asked for compensation at the rate of Rs. 12000 per ground. The claimant relied upon Exs. C. 1 and C. 2 and sought for the increased compensation as above. The court below however noticed Exs. B8 and B-9, which were also sales enumerated by the Land Acquisition Officer in the list of data sales referred to by him in his award. Exs. B-8 and B-9 relate to sales of plots of land to the west of the acquired land under which a price of about Rs. 9000 per ground was paid in the years 1967 and 1968. This was adopted by the court below. The appellant appeals against this grant

(2.) LEARNED counsel for the appellant strenuously relies upon Ex. C. 1 and C. 2, and would urge that the price paid thereunder represents the fair price for the acquired lands as well. It is no doubt true that the property acquired is part of a vast extent of land belonging to the appellant and this has been sliced away from it for a public purpose. It is abutting a road known as Angalamman Koil street in Purasawalkam division and it had an access throughout its length on the east to that road. That it is a fairly busy and popular locality is not in dispute. But what is sought to be relied upon for purposes of evaluation is the hypothesis provided for under Ex. C-1 and C-2. From Ex. B-1 which is the tope sketch which contains both the acquired lands and the lands with which they are compared we find Ex. C 1 and C 2 relate to sales of plots of land far removed from the acquired land. They are to the south of it and in a locality which is different from the acquired land. Learned counsel for the appellant himself had to say at one time that Ex. C. 1 and C. 2 may not provide a sale and absolute guide for valuation of the acquired lands. We are also of the view that when sales of land in the neighbourhood and nearer to the acquired land are available then it will be an empty exercise to seek for more hypothesis and material and rely upon the data provided for sales of plots far away removed from it and try to value the compulsorily acquired lands. The nearer the acquired land, the better for purposes of comparison. In Ex. B 1 we see that the lands sold under Ex. B 8 and B 9 provided the data for comparison in the sense that the lands sold thereunder could; easily and reasonably be said to be lands which are similar to the acquired lands and are situate in the neighbourhood of it. In such circumstances, therefore, the price paid under Ex. B 8 and B 9 could safely be taken for purposes of valuing the acquired land.

(3.) THIS was attempted and done by the court below. We are unable to grant an increased compensation for the reason that Ex. C-1 and C-2 cannot for any purpose be taken into consideration for fixing the market price of the acquired land. We therefore agree with the court below that the price paid under Ex. B-8 and B-9 can be adopted and that the acquired lands could be valued at Rs. 9000 per ground.