RAJAH OF VIJIANAGARAM Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) THIS appeal raised a question of compensation under the Land Acquisition Act. At the instance of the Collector, Central Excise, Madras, parts O.S. Nos. 15 and 17 of Nellimukku a proprietary village in the Vizianagaram Estate, have been acquired by Government for the extension of the salt factory, at Balacheruvu. The total extent acquired was 229 acres 59 cents. The notification under Section 4(1), Land Acquisition Act, was published on 29 -8 -1944 and that under Section 6 was issued on 6 -3 -1945.

(2.) THE simple question in this appeal is whether the compensation awarded by the Subordinate Judge is inadequate and, if so, whether the appellant is entitled to the whole or part of the amount claimed by him.

(3.) THE only evidence adduced was, that in one case some people had spent Rs. 7 lakhs on, salt works and had not made them pay at all, but hoped that at the end of ten years they possibly would pay. On that evidence, it was held by the High Court that it would not pay anybody to pay for land of that sort even if they were going to construct salt works upon it, more than the value as waste lands. This conclusion was accepted by the Privy Council. A more elaborate and, if I may say so, instructive discussion on the question is found in - 'Narayana Gajapathi Raju v. Revenue Divisional Officer, Vizagapatam' : AIR 1939 PC 98 (B).