COLLECTOR OF DARRANG Vs. PHANI BHUSAN BOSE

JUDGEMENT

(1.) THIS appeal arises out of a reference made under Section 18, Land Acquisition Act (Act I of 1894), in regard to the valuation of certain lands which are the subject -matter of acquisition proceedings. The area under acquisition is 5 Bighas of land falling under patta No. 94/1 of Mangaldai Town, standing in the name of the respondent, Phani Bhusan Bose, and it comprises of five dags. Two of the dags, Nos. 254 and 255, according to the evidence of Baneswar Saharia, who is the Supervising Kanango of Mangaldai, are second class trade sites; all the other dags are third class residential sites.

(2.) THE claimant objected to the valuation fixed by the Collector. According to him, the entire area should have been valued at Rs. 2500/ - per bigha. So far as the valuation of the trees and houses is concerned, there is no objection. It is also not disputed now that the Court has to determine the market value prevalent in November 1945 when the Land Acquisition notice was issued. The learned Subordinate Judge has given the claimant the full benefit of his claim in regard to the second class trade -site lands; that is to say, he has valued the two dags at Rs. 2500/ - per bigha. The value of the other dags, the learned Subordinate Judge proceeded to determine on the basis of Ext. A, a sale -deed, executed by the Objector in favour of one Chandra Sarma conveying 2 Kathas, 8 Lechas of land in 1943 for Rs. 600/ -. On that basis, the learned Subordinate Judge thought that the value of these lands should come to Rs. 1800/ - per bigha. It is on this basis that the Subordinate Judge determined the market value of the land in question.

(3.) IN these circumstances, we think that it would be appropriate to determine the valuation of the two dags 254 and 255 at Rs. 1000/ - and that of the other dags roughly at Rs. 6000/ -. Therefore, the total valuation would come to about Rs. 7000/ - in addition to the value of the trees and the houses, as also the additional compensation payable under Section 23, Land Acquisition Act. The appeal is allowed to this extent, and the cross -objection is dismissed. There will be no order for costs.