ANAND SINGH WALDIA Vs. COLLECTOR, NAINITAL AND ANOTHER

JUDGEMENT

(1.) THIS is an appeal under Section 54 of the Land Acquisition Act directed against an award of the District Judge, Nainital, dated July 2, 1969. Land measuring 66.43 acres situate in Village Bhogpur Jaspur, Tahsil Kashipur, was acquired by the State for the extension of the Tumaria Dam. 'The notification under Section 4(1) of Land Acquisition Act is dated October 16, 1961 this was followed by notification under Sections 6/17 of the Act dated November 23, 1961. Possession was taken on January 5, 1962. The Special Land Acquisition Officer gave his award on September 26, 1962. Land Revenue payable for the land in question was Rs. 164.75 per month. The Land Acquisition Officer brought this down as per hereditary rates to 116.25 per annum and multiplying the same by 20 he assessed the capitalised value of the land at Rs. 2,325/ - only. This is the amount awarded to the objector besides interest at the rate of six per cent per annum from the date of taking over possession until payment. Upon reference under Section 18, the District Judge Nainital, on July 2, 1969, observed that the loan could not be said to have market value when the notification under Section 4(1) was made because this was held by the Objector as sirdar and hence it was not transferable. The exemplars filed by the objector were discarded on ground that they related to small pieces of land. The capitalised value was affirmed at Rs. 2,325/ - only. The solatium claimed by the objector was declined too with the finding that it could not be had since Section 23(2) of the Act stood deleted at the relevant time in pursuance of the U.P. (Amendment) Act, 1954.

(2.) AGGRIEVED the claimant objector has preferred this appeal. I have heard Sri Ashok Khare for the appellant and the Standing Counsel appearing for the State respondent.

(3.) IT was next contended for the appellant that the exemplars filed by him in the proceeding under Section 18 could not have been discarded altogether on the mere ground that they pertained to comparatively small areas. The registered deeds of sale relied upon for the appellant in this connection are as under: - -