PROVINCE OF BANGAL Vs. RAM CHANDRA BHOTIKA

JUDGEMENT

(1.) This Rule is directed against the Order of the President of the Calcutta Improvement Tribunal, dated 20 September 1940, in which he directed that compensation to the extent of Rs. 8650 should be paid by the Province of Bengal in respect of some trees which stood on a plot of land which was the subject-matter of certain acquisition proceedings.

(2.) On 13 July 1987, the opposite party filed a claim pursuant to a notice under section 9, Land Acquisition Act. Therein no compensation was specifically claimed on account of trees or crops. On 28 July he filed another application in which he stated that the compensation payable in respect of the trees and crops on the acquired land would amount to Rs. 2800. The award of the Collector is dated 19 November 1937 and, according to this award, the sum of Rs. 400 was given to the claimant in respect of the trees standing on the land. We are not concerned with that part of the award, which related to compensation for land and buildings and was accepted by the claimant. Subsequently on 7 December 1937 an application was made to the Collector for reference to the Court under the provisions of section 18, Land Acquisition Act, and at that stage the claimant stated that he should be paid Rs. 1500 as compensation for the trees. After the matter had come before the Court, the claimant was allowed to amend his application and to claim compensation for the trees to the extent of RS. 10,000 in place of the sum of Rs. 1500 which he had previously mentioned in his application dated 7 December 1937. The parties then adduced evidence before the tribunal and, after considering this evidence, the learned President came to the conclusion that the fair market value of the trees at the material time was Rs. 8650.

(3.) Mr. Ghose on behalf of the Province of Bengal contends that the tribunal had no jurisdiction to allow the claimant to amend his application after the matter had come before the Court. In support of this argument the learned advocate places considerable reliance on the terms of section 18, Land Acquisition Act. The material portion of this section reads as follows: Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector tor the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested.