LAWS(CAL)-2011-12-59

SHRI BHAGAT RAM Vs. COLLECTOR LAND ACQUISITION

Decided On December 16, 2011
BHAGAT RAM Appellant
V/S
COLLECTOR, LAND ACQUISITION Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated August 24, 2010 passed by the learned District Judge, Andaman and Nicobar Islands, Port Blair in Land Acquisition Case No.04 of 1996.

(2.) THE appellant obtained khas possession of a piece of land measuring .0800 hectare at survey plot No. 165 in School Line area, Port Blair. Initially, he constructed a small cottage thereon for his residential purpose. Subsequently, he constructed a house in the said plot. THEreafter, he also made addition and alteration of his house. His land was classified as a house site in 1996. He received a notice from the Land Acquisition Collector, Port Blair for acquisition of his land along with other surrounding lands for the purpose of extension work of the airfield of Port Blair Airport. THE appellant submitted his written objection. After consideration of all the materials, the Land Acquisition published an award indicating an amount of compensation to the appellant to the tune of Rs. 9,03,299/- for his land. According to him, his land was situated in the commercial area and so the commercial value of the land should be taken into consideration, and at that time the market price of the land was Rs. 3,000/- per sq. mtr. but the award indicates the assessment much below Rs. 3,000/-. Moreover, the valuation of the property was not taken into consideration properly at the time of acquisition. THE valuation of the standing trees on the land in question was not also properly considered and as such a nominal amount of compensation was granted. According to him, the valuation should have been to the tune of Rs. 40,17,549/- and for that reason he prayed for enhancement of the compensation. THE learned District Judge, upon analysis of the evidence on record adduced before him, came to the conclusion that the compensation awarded by the Collector was not at all arbitrary. On the contrary, it was found to be quite reasonable and adequate. Accordingly, he dismissed the said L.A. case. Being aggrieved, the instant appeal has been preferred by the claimant.

(3.) MR. Jayapal, learned Counsel, thus, submitted that the assessment of compensation as done by the learned District Judge cannot be supported and the award in respect of land in question should be enhanced to the tune of Rs. 40,17,549/-, as claimed by the appellant, upon taking into consideration the materials placed by the appellant before the learned District Judge and the judgment under appeal should be accordingly set aside.