KASTURI DEVI Vs. COLLECTOR NAINITAL

JUDGEMENT

(1.) K. N. Singh, J. This First Appeal is directed against the judgment and decree of the District Judge, Nainital, awarding a sum of Rs. 15,856. 56 P. as compensation to the appellants.

(2.) SUKHNANDAN Prasad, deceased, was the owner of a grove having an area of 3 acres situate within the Municipal limits of Kashipur in District Nainital. On 7-2-1961, a Notification under S. 4 (1) of the Land Acquisition Act, 1894 was issued for acquiring an area of 0. 459 acres (20,000 S. Ft.) out of the grove of SUKHNANDAN Prasad for the construction of building and staff quarters of the Post and Telegraph Department. SUKHNANDAN Prasad died whereupon his heirs, the appellants filed objection under S. 5-A of the Act resisting the acquisition proceedings on the ground that a number of samadhis existed on the land in question. The objectors filed a writ petition also in this court, under Art. 226 of the Constitution challenging the validity of the acquisition, but the writ petition was dismissed by this Court. Thereafter the land acquisition proceedings were completed. The Special Land Acquisition Officer gave his award on 24-3-1965, awarding the claimants a sum of Rupees 3109-73 P. as compensation for the land, Rs. 439-00 for the trees and Rs. 106-56 P. for the boundary wall. In all the claimants were awarded a sum of Rupees 3655-29 P. as compensation. On the claimants' application under S. 18 of the Act reference was made to the District Judge for determining the compensation. Before the District Judge the appellants claimed Rs. 30,000/- for the land, Rupees 4600-00 for the trees and Rs. 1500-00 for the costs of the construction existing on the land, Rs. 5525-00 for reduction in value of the adjoining land and Rupees 8750-00 for the potential value of the land. In all the claimants claimed a sum of Rs. 49,875-00 as compensation. The District Judge awarded Rs. 15,000/- as compensation for the land, Rs. 750-00 for the trees standing on the land and Rs. 106-56 P. for the boundary wall. In all the District Judge awarded a sum of Rs. 15,856-56 p. as compensation to the appellants. As they were not satisfied with the compensation awarded to them they have preferred this appeal against the judgment of the District Judge.

(3.) IN Collector, Raigarh v. Dr. Hari Singh Thakur (AIR 1979 SC 472) the Supreme Court while considering the question of potential value of the land acquired observed as under (para 5):- "the question as to whether a land has potential value as a building site or not is primarily one of fact depending upon several factors such as its condition and situation, the user to which it is put or is reasonably capable of being put, its suitability for building purposes, its proximity to residential. commercial industrial areas and educational, cultural or medical institutions, existing amenities like water, electricity and drainage and the possibility of their future extension, whether the nearby town is a developing or a prospering town with prospects of development schemes and the presence or absence of pressure of building activity towards the land acquired in the neighbourhood thereof".