K SUBRAHMANYAMMA Vs. DISTRICT WELFARE OFFICER ELURU

JUDGEMENT

(1.) This Appeal is directed against the award of the District Judge, West Goduvan at Elurn in O. T. No. 1/61 and I. A. No. 863/6 on his file. O. P. No. 1/61 is a reference under Section 18 of the Land Acquisition Act (hereinafter called the Act) for enhancement of the compensation awarded to Kurapati Subrah-manyamma, the appellant, hereinafter referred to as the claimant. The facts briefly arc as follows:

(2.) An extent of laud measuring Acs. 3-75 tents and situated in the Village of Komadavole a zamindari village, in Eluru Taluk was acquired by the Government for providing house sites to Harijam. It comprised S. Nos. R. S. 126 measuring Acs. 2-99 cents and R. S. 127/2/B measuring 76 rents, in all of a total extent of Acs. 3-75 cents. It is not disputed that the claimant is the exclusive owner R. S. 126, she having got it as a gift from her father, and that others have no manner of interest whatever in the same. In this appeal we are concerned only with R. S. 126 and not with R. S. 127/2/B. As the acquisition was to provide house sites for the needy and the poor Harijans. proceedings were taken up under the urgency clause of Section 17 (2) (b) (ii) (c) of the Act. The notification under Section 4 (1) of the Act was made, on 22-1-1959. Komadavole is about one mile from the out-skirts of Eluru town. S. No. 126 is Hanked on the East and the west by Mala Colony and Madiga Colony respectively, and on the south by the road leading to Chalaparri From Eluru. On the south of the road also there are several house. Komaduvole being a Zamindari village was taken over by the Government under the Madras Estates Abolition and Conversion into Ryotwari Act, 1948. On the date of acquisition, the land was being cultivated as a wet field, and paddy and gingelly were raised thereon. The District Welfare Officer. West Godavari, Eluni, who is the Land Acquisition Officer in this case, issued a notice, Ex. B. 3, under Section 9 (3) on 4-3-1959 calling upon the claimant to appear before him on 22-3-1959 at 11 A. M. at Komadavole Village and to put in a statement in writing showing the nature of her interest in the lands. the amount of compensation in such interest with particulars thereon and her objections if any to the measurements. Pursuant to that notice the claimant filed her statement before 22-3-1959 (Ex. B. 4). In that statement she stated that it was filed in compliance with the notice dated 4-3-1959 under Sections 9(3) and 10 of the Act, that she is the owner of R. S. 126 measuring Acs. 2-99 cents ot wet land in the village of Komadavole, and that she was enclosing the patta issued to her by the landholder. She admitted that the measurements of the land in the notice are correct and that no other person is interested in the land, The rest ot the statement may be usefully extracted:

(3.) The Land Acquisition Officer took the view that the Land in question had no potential value for bouse sites and that her request to value the land as house sites did not deserve consideration. He considered the land to he a wet field of black soil yielding about 15 bags of paddy per acre, and on which gingelly and sun-hemp can also he raised and that at the time of enquiring there was gingelly crop, and awarded compensation on that basis. He granted Rupees 7,601-66 nP. as the value of the land and 15 per cent solatium Rs. 1,341-31 nP., in all amounting to Rs. 8.942-97, which works out at Rs. 2,600 per acre. Aggrieved by this award on 25-5-1959 she requested the Land Acquisition Officer to make a reference under Section 18 of the Act. In her claim in the Court she stated that she was realising 20 bags per acre of 80 bags of paddy on the entire land for the last three years, that there are houses adjoining the land that there is a great demand for house sites in the locality, and that people already purchased land for house sites. She stated that notice under Section 12 served on her on 21-1-1959 and that the compensation awarded to her is too low and in adequate. She alleged that the land acquired had it potential value as house sites, and that she claimed compensation at least at the rate of Rs. 1 per Sq. Yard, besides 15 p. c. solatium and that the case may be referred to civil court under Section 18. The reference made by the Officer is registered as O. P. No. 1/61.