MANZARUL HAQUE Vs. STATE

JUDGEMENT

(1.) This appeal by the applicant arises out of a reference under S.18 Land Acquisition Act, 1894 (hereinafter referred to as "the Act") which was numbered as Land Acquisition Case No. 340 of 1961. In the reference case before the trial court, besides the question of valuation of the lands acquired, the question as to who was the person concerned entitled to the compensation for the lands acquired was also involved. The applicant who is the appellant in this Court was held to be the person who was exclusively entitled to the entire compensation for the lands acquired; the claims by Ganga Mahto and Rital Mahto being either given up or negatived. The sole question for determination in this appeal therefore, is the correct valuation of the lands acquired.

(2.) The lands which are the subject matter of this appeal were acquired along with other lands for the Chandradhari Museum in the town of Darbhanga. The notification under S.4 of the Act was published on 28-11-1959 and the declaration under S.6 of the Act on 9-1-1960. The lands which are the subject matter of appeal measure 0.43 acre in all and are comprised in survey plot No. 493 of village Haveli, pergana Haveli, within the jurisdiction of Darbhanga Police Station in the district of Darbhanga. They contained some trees and some structures of straw which were in occupation of the tenants of the appellant. In the award prepared by the Collector the lands were valued at the rate of Rs. 10,775/- per acre, which comes to Rs. 476/- per katha. The Collector further awarded 768.64 paise on account of the houses, trees etc. and additional compensation at the rate of 15% amounting to Rs. 491/-. In the application for reference the appellant claimed that the land should have been valued @ Rs. 1,000/- per katha and the value of the trees should have been assessed on the basis of the annual income of the 42 khajur trees @ Rs. 6/- and of the single palm tree @ Rs. 8/- total Rs. 5,460 + Rs. 160, i.e., at Rs. 5,620/-. He further claimed Rs. 500/- as compensation for loss of profit and income besides the additional compensation @ 15% and interest pendente lite and future till the date of realisation @ 6% per annum.

(3.) The learned Special Land Acquisition Judge, Darbhanga, heard the reference and upheld the compensation awarded by the Collector for the trees etc., but, being of the opinion that the land should have been valued @ Rs. 600/- per katha, he assessed the compensation for the lands acquired at Rs. 5,914.20 and he further awarded additional compensation @ 15% on the combined value of the land and the trees etc. and interest on the amount awarded by him as compensation in excess of the amount awarded by the Collector from 21-2-1961 to 21-1-1967 and future interest @ 6% per annum on the excess amount awarded till the date of realisation.