LAND ACQUISITION OFFICER Vs. GULAM HUSSEIN AHMAD GOMAJEE

JUDGEMENT

(1.) References Nos. 134 and 139 under the Land Acquisition Act were tried together by the Assistant Judge of Thana. In Reference No. 134 the land measured fourteen acres twenty-five gunthas. The Judge increased the Collector's award by Rs. 34,879-2-6. In Reference No. 139 the land consisted of thirty-six acres eight gunthas of hill land and thirty-three gunthas of flat land. The Judge increased the Collector's award by by Rs. 79,524-12-6. Government have appealed. The lands under acquisition consisted of two hills which are called the Vadvan and Malad hills respectively. It is admitted that beneath the surface of of the hills there was good quarrying stone, but, at the time of the notification on February 10, 1921, no quarries had ever been worked therein. The land itself would have only a nominal value of something like Rs. 100 an acre. The issue then was : What increased value would a purchaser give for the land with a view to opening out and working quarries therein at some fature time?

(2.) The Acquiring Officer valued the land on this basis at Rs. 500 an acre. It was proved that the claimant had purchased the Vadvan hill in November 1919 at a price which worked out at seven and a half annas a square yard. The Assistant Judge thought that this purchase was good evidence of the market value of the land in February 1921. He further calculated that the income of the land, if quarries were opened, would be Rs. 135 to Rs. 140 an acre which, at six per cent. would show a value of about the same amount. He valued both hills accordingly at seven and a half annas a square yard.

(3.) The Judge was correct in saying that in valuing the potentialities of the land for quarrying purpose he should avoid, as far as possible, hypothetical speculations and rely on admitted and proved facts. He discussed at considerable length the means by which the Acquiring Officer arrived at his valuation of Rs. 500 an acre and rightly discarded that valuation. The method was altogether too fanciful and the Acquiring Officer might with better justification have said that, in his opinion, the potentialities of the land increased its value to Rs. 500 an acre.