KOOVERBAI SORABJI MANEKJI Vs. ASSISTANT COLLECTOR

JUDGEMENT

(1.) This is an appeal from a judgment of the District Judge of Surat in Reference No. 5 of 1914. The land acquired was notified by Government in June 1912 on behalf of the B. B. & C. I. Ry. Go. The award under Section 11 of the Land Acquisition Act by the officer appointed by Government amounted to Rs. 70 per guntha, the area to be, acquired being one acre and one guntha. The learned District Judge came to the conclusion that the market value of the ground was Rs. 60 per guntha. Ho allowed Rs. 369 damages for severance. The total being under the Collector s award, the Collector s award stood.

(2.) The first point taken before us was that the first Acquisition Officer, Mr. Sedgwick, made an award, which was binding on the Government, amounting to Rs. 132 per guntha. That award was never communicated to the parties. The claimant never knew that Mr. Sedgwick had formed an opinion that the land was worth Rs. 132 a guntha, until Mr. Sedgwick was called in the case as a witness and cross-examined.

(3.) The appellants now rely upon the decision in Dossabhai Bejanji v. The Special Officer, Salsette Building Sites (1912) I.L.R. 26 Bom. 599 : 14 Bom. L.R. 592. What happened in that case was that the Collector made an award in the following form:-"Government in their Memorandum No. 10578, R. D. of 17th October 1908, have directed me to award compensation at the rate of Rs. 4 per acre for Khajan land and Rs. 120 per acre for Kharif land, and I therefore make my award accordingly." The Court held it was not competent to Government to direct the Collector to substitute a smaller amount than that which, as the result of his inquiry, he had determined to offer.