COLLECTOR Vs. RATAN SHANKER PRASAD

JUDGEMENT

(1.) Land comprised in plot No. 442/1 covering the area of .48 acre (corresponding to sixteen Biswas) situate in village Shivapurwa Pargana Dehat Amanat, district Varanasi, was acquired by the State Government for extension of the office of the Nagar Mahapalika, Varanasi. The notification under Section 4 (1) of the Land Acquisition Act was issued on January 6, 1965, and published in the Gazette dated May 16, 1965. This was followed by notification dated June 23, 1966. The Land Acquisition Officer gave his award dated June 20, 1970, which was modified on September 21, 1971. Possession was taken on September 21, 1971. A sum of Rs. 10,511.04 P. was awarded as compensation in this award. The respondent laid claim to Rs. 80,000/-as compensation. He did not accept the award and applied for reference to the District Court under Section 18 of the Act. Upon reference the learned II Additional Civil Judge, Varanasi, assessed the market value at Rs. 32,000/- calculated at the rate of Rs. 2,000/- per Biswa and in addition the claimant was awarded solatium at the rate of fifteen per cent. of the market value of the land, besides interest at the rate of six per cent. per annum from the date of taking over of the possession of the land till the payment is made.

(2.) Aggrieved against this decision dated December 10, 1974, the Collector, Varanasi, has preferred this appeal.

(3.) Learned Chief Standing Counsel urged that the market value assesse for the land under acquisition is excessive. Upon consideration had to the material placed on the record we are unable to agree. The land in question is situate behind the existing building of the Nagar Mahapalika, Varanasi. There are roads both to the south and the east of this land. In the vicinity are situate the Sports Stadium Kashi Vidhyapeeth, office of Bharat Sewa Ashram Sangh and the Bazar Chandua Satti. Also there are certain industries in the neighbourhood such as the Asia Cycle Factory, Industries Office, Loco Shed besides Irrigation Colony,, Cantonment Railway Station, Central Boys and Girls Schools, Basant College and the Theosophical Society. Residential houses are also close-by. The land in question has obviously thus the potentialities of building and industry site. These are material factors legitimately taken into account by the District Court. On December 9, 1964, Smt. Satti and others executed deed of sale in favour of Smt. Kamla Devi in respect of 3 1/2 Biswas of land for consideration of Rs. 11,000/- vide Exhibit 1. The rate of the land transferred comes to merely Rs. 3,000/- per Biswa. This transaction is close in proximity concerning the point of time to the notification under Section 4(1) in the instant case, which is dated January 6, 1965. Consideration was had by the Court below, however, to the fact that the land transferred under the abovementioned deed of sale had been developed and it had boundary walls constructed around it. In addition it may be noted that the sale was comparatively of a small piece of land, whereas the land under acquisition is nearly sixteen Biswas. In view thereof the Court below has rightly thought it fit to assess the market value at the rate of Rs. 2,000/ per Biswa only for the land under acquisition. The exemplars referred to by the Chief Standing Counsel are dated February 14, 1964. They were not considered appropriate even by the Land Acquisition Officer as is manifest from his award and the Court below has rightly preferred the transaction dated December 9, 1964, which is close to the notification under Section 4 in comparison to those deeds of sale. We find, therefore, that the assessment of the market value does not call for interference in the present case.