RAJESHWARI PODDAR Vs. SUB COLLECTOR OF BERHAMPUR

JUDGEMENT

(1.) THIS is an appeal from the judgment of the District Judge of Berhampur, awarding compensation at a certain figure to the appellant, on a reference made to him under Section 18 of the Land Acquisition Act, 1894.

(2.) THE appellant purchased 3. 33 acres of land appertaining to survey Nos. 226 and 224 in village Sankarpur, from the previous owners by a sale deed, Ex. 1 dated the 10th December 1947 for Rs. 27,500/-The plots are situated in the outskirts of berhampur town, and abut the Berham-pur-Aska high Rd. That area was steadily developing for industrial purposes, and adjacent west of the plots there was already in existence a timber depot belonging to another person. The appellant being the wife of a marwari businessman, obviously purchased the plot, not for the agricultural purposes, but, as stated by her husband P. W. 7 for the purpose of establishing some industry or workshop. The land was somewhat on a lower level than the Aska Road, and the owner raised it by filling it with earth. A compound wall was also built all round the land and a residential house with appurtenant structures was also built on the southern portion of the two plots. The northern portion was kept as garden with some cement benches, a well and some trees. On the 2nd April 1949 Government issued a notification under Section 4 (1) of the land Acquisition Act (see Ext. B) declaring their intention to acquire the northern portion having a total area of 1. 79 acres of which 1. 48 acres appertain to survey plot No. 224 and 31 acres appertain to plot No. 226. There was the usual controversy as regards the market value of the land undet acquisition. The revenue authority estimated the market value at Rs. 8258/- per acre by his award dated the 6th Aug. 1957 on the basis of the price paid by the appellant herself to her previous vendor. Structures such as buildings and walls standing on the land and crops and trees were estimated at Rs. 8116/- and after making some minor additions and also adding 15 per cent. for the compulsory nature of the acquisition, the total compensation to be paid was fixed at Rs. 26370. 58 np. On the appellant's objection a reference was made to the learned District Judge who modified the award in the following respects. He gave an additional sum of rs. 2034/- towards expenses incurred by the owner in filling up the acquired portion with earth with a view to raise its level and also awarded enhanced compensation at the rate of Rs. 2/- per cent. (Rs. 200/- per acre) towards increase in the price of the land during the period of 15 months from the date of purchase by the appellant (10th Dec. 1947) till the date of notification under section 4 (1) of the Act (2nd April 49 ). He also made some further additions for incidental expenses and ultimately directed that a sum of Rs. 3287/- plus and additional 15 per cent. on the same, should be granted to the appellant in addition to the sum awarded by the Revenue authorities.

(3.) MR. Dasgupta for the appellant challenged the decision of the learned District judge on tho following grounds :