COLLECTOR Vs. PADMALOCHAN CHANDAN

JUDGEMENT

(1.) THIS is an appeal under Section 54 of the Land acquisition Act, 1894 (for short 'the Act'), by the Collector against an award in a reference under Section 18 of the Act.

(2.) ON 15 -6 -1973, Notification under Section 4(1) of the Act was published for acquisition of land for improvement of State Highway No. 1 (portion of Tumudibandh to Madan pur Rampur Road). On the basis of such notification Ac. 2.32 decimals of land of the claimant has been acquired. Claimant did not accept the low compensation awarded by the Collector and at his request the matter was referred to the Court under Section 18 of the Act.

(3.) MR . Patra, however, is justified in his submission with regard to award of compensation for loss of crops for 11 years. In this case, possession had already been taken in 1962 prior to notification under Section 4(1) of the Act. That period is not covered under Section 23 of the Act. If at all, claimant could have claimed damages in a civil suit. For the period of illegal possession, prior to notification under Section 4(1) of the Act, no compensation could have been a warded under the Act. Mr. Patra relied upon a decision in State of Orissa v. Nilambar Budhia 1st Apl. No. 179/76. Mr. R.K. Rath, learned Counsel for the Respondent submitted that Courts while considering the question of compensation should take into consideration the harassment meted out to the claimants since this is a matter of compulsory acquisition and the value of the crop being too small, there should be no interference. After hearing both the parties, I am satisfied that the loss of crop would not come within the purview under Section 23 of the Act and accordingly, no market value could have been determined in such a case. The award to the extent of Rs. 3,620.63 paise on account of loss of crop is accordingly, vacated.