COLLECTOR L A HYD Vs. GHOUSUNNISA BEGUM

JUDGEMENT

(1.) (The Judgment of the Bench Delivered by Venkatesam, J.) This appeal is preferred by the Collector, Land Acquisition, Hyderabad against the order of the II Additional Chief Judge, City Civil Court, Hyderabad in O.P. No.173 of 1959, while Chandramma, the 2nd claimant, has preferred cross-objections. In order to appreciate the questions for the determination, it is necessary to state some facts, which are not in dispute.

(2.) For the construction of staff quarters for junior officers of Andhra Pradesh the Government took over possession of the land in question on 11-9-1956, and published the notification and declaration for the acquisition proceedings in the Government Gazette dated 3-1-1957, under Sections 3 and 5 of the Hyderabad Land Acquisition Act, No.IX of 1309 Fasli ,(hereinafter called "the Act"). The land acquired is Ac.14-36 guntas, or 72, 116 squire yards, Covered by S, Nos.176 and 180 to 182, situate in Panjagutta locality in the village of Khairatabad, within the Municipal limits of Hyderabad. It is at the cross-roads leading to Bcgumpet and the cement road, which is the highway to Bambay. Panjagutta area is the residential locality of several wealthy persons with high social status, and the land acquired is not four furlongs from that locality. The Land Acquisition Officer issued notices under Sections 7 and 8 of the Act, to the four claimants, viz. (1) Ghousunnisa Begum (2) Chandramma, (3)Man sab Jung, and (4) The Collector, Hyderabad District.

(3.) The Collector was added because the lands were under attachment for arrears of Land Revenue, but he did Hot put forward any claim. Pursuant to the notices under Sections 7 and 8 of the Act, the first three claimants appeared before the Land Acquisition Officer through counsel, and filed claim petitions along with documents to support their title. It is not disputed that possession of the ands was taken from the first claimant. All the three claimants put forward competing titles, Claimants 1 and 2 claiming title to the entire land acquired, while the 3rd claimant claimed title only to a portion thereof under a sale deed dated 17-9-1328 F. from one Hanumantha Rcddy. Since the claimants put forward conflicting claims, involving questions of law of civil nature, they requested the Collector to refer the dispute regarding ownership to the Civil Court under Section 25 of the Act, and did not produce any evidence in that respect. As regards compensation, the 2nd claimant claimed between Rs.7/- and Rs.10/-per square yard, while Ghousunnisa Begum claim, ed Rs. 6/- per square yard. The third claimant also claimed at the same rates as the 2nd claimant. But the 2nd claimant alone adduced evidence regarding compensation for the land, and the counsel for claimants 1 and 3 submitted that the same may be treated us evidence on their behalf also. After making local inspection, the Land Acquisition Officer passed the Draft Award, which he finalised on 27-5-1958, under Section 10 of the Act. By that Award, he determined the market value for the entire land at a flat rate of Rs 2-8-0 per square yard, and at that rate fixed the total cost of the land at Rs 1,85,198-50 P. He awarded compensation for an incomplete basement, structure, compound walls, trees, and determined the total compensation at Rs. 1,85,189-50 P. and adding 15 per cent, solatium am mating to Rs.27,779-77 P, and 6 per cent, interest on the total amount of Rs.2,12,928-27 amounting to Rs. 17,890-15 P, awarded in all the sum of Rs.2,30,868-42 P as the compensation payable. On the question of approtionment, be observed in his award proceedings that the dispute being of a comeplicated nature, he would refer the case to civil Court and that the amount of compensation would be deposited under section 26.