SENIOR REGIONAL MANAGER, FOOD CORPORATION OF INDIA, SHILLONG Vs. SPECIAL JUDICIAL OFFICER, EAST KHASI HILLS DISTRICT, SHILLONG & OTHERS

JUDGEMENT

(1.) This application under Art. 227 of the Constitution of India is directed against the award dated 30.3.91 given by the learned Special Judicial Officer, Shillong in L.A. Case No. 37 (K)/89. By the impugned award, the learned Special Judicial Officer enhanced the market value of the acquired land from Rs. 11.00 per square foot as awarded by the learned Collector, to Rs. 25.00 per square foot.

(2.) For construction of a godown in Meghalaya by the Food Corporation of India, the Collector acquired a plot of land measuring more or less 15,000 square meter situated in the village Moroh, Sub-Division Shillong in the District of East Khasi Hills, which is bounded as follows -

(3.) As already observed, after the notice under section 9 of the Act was published, no formal, application quantifying the compensation was filed before the Collector by any person. In the absence of any claim made in response to the notice under section 9 of the Act, a reference is incompetent. A person must file a formal application in response to the notice under section 9 of the Act laying his claim for compensation quantifying the amount under different heads. After reference was made the learned Special Judicial Officer passed the impugned award enhancing the market value from Rs.11.00 to Rs.25.00 per square foot. It appears from the impugned award that the learned Special Judicial Officer has not at all taken into consideration the records of acquisition maintained by the Collector and has not perused and applied his mind to the contents of the copy of the sale deed dated 1.5.89. submitted by the opposite party/respondent No. 3 in support of his claim as owner of the acquired land. Indeed, the sale deed dated 1.5.89 by which the opposite party/respondent No. 3 Sunshine Sawkmie purchased the land reflected the correct and proper market value of the acquired and in or about the time of issue of notice under section 4 of the Act and that would have formed the basis for determination of market value of the acquired land. No document could be the better evidence of the market value of acquired land than the sale deed dated 1.5.89, but the learned Judicial Officer has totally ignored that most vital document and on the basis of some documents which are not much relevant, on mere conjecture and surmises, has determined the market value of the land at the rate which is more than three times higher the rate at which respondent No. 3 purchased the land within 6 months after notification under section 4 of the Act was published. The Collector also ignored that aspect and determined the market value at Rs. 11.00 per square foot which in my opinion is much above the market value of the land reflected by the sale deed dated 1.5.89 by which the acquired land appears to have been purchased by respondent No. 3 Shri Sunshine Sawkmie.