BAI JADAV Vs. COLLECTOR OF BROACH

JUDGEMENT

(1.) There were three References filed under the Land Acquisition, Act in the Court of the District Judge of Broach, viz., 1 of 1920, 2 of 1921, and 2 of 1922. The land under acquisition lay to the west of the goods yard outside the Broach railway station. The Broach Jambusar Railway ran through the middle of it. On the south side of that railway parts of Survey Nos. 42, 43 and 44 were acquired, and on the north portions of the same survey numbers.

(2.) The Collector valued the land, the subject-matter of Reference No. 1 of 1920, at Rs. 400 an acre, and the land, the subject-matter of References Nos. 2 of 1921 and 2 of 1922, at Rs. 600 an acre. The District Judge considered that the market value of the land in each case was Rs. 500. But in References Nos. 2 of 1921 and 2 of 1922 he allowed further compensation to the claimants on account of severance under Section 23(1)(4) of the Land Acquisition Act, with the result that, though he allowed less than the value of the land awarded by the Collector, the total compensation awarded was more.

(3.) We do not think, then, that the Judge was in error in infringing the rule under which the Court is not entitled to award as compensation to a claimant under the Land Acquisition Act an amount less than the amount offered by the Collector. The compensation under Section 23 of the Act is to be determined after certain matters have been taken into consideration by the Court and the total compensation has to be looked to and not the various items which make up that total.