SECRETARY OF STATE FOR INDIA IN COUNCIL REPRESENTED BY THE COLLECTOR OF TANJORE Vs. CRSUBRAMANIA AIYAR

JUDGEMENT

(1.) This petition is preferred by the Secretary of State against an order passed by the Subordinate Judge of Kumbakonam in a land acquisition case. Certain land of the respondent was acquired and under Section 10 of the Act (1 of 1894) he put in a claim to compensation which was made up of the value of the land, of some cocoanut trees, and of two walls, together with a sum claimed as compensation for depreciation of his property. In due course an award was made and subsequently the respondent asked the Collector under Section 18 to refer the matter for the determination of the Court. Before the Court he supplemented his claim by the addition of two new items, the cost of constructing new walls and the cost of erecting latrines. It was objected on behalf of the Government that the Court had no power to entertain such newly preferred claims. The learned Subordinate" Judge, however, found that in certain circumstances Section 25 gave him jurisdiction. He disallowed the claim in respect of the latrines but allowed it in respect of the walls. Against the latter part of the order this petition is filed.

(2.) Section 25 of the Act, upon Sub-section (3) of which the Lower Court has relied, runs as follows: Section 25. (1) When the applicant has made a claim to compensation, pursuant to any notice given under Section 9, the amount awarded to him by the Court shall not exceed the amount so claimed or be less than the amount awarded by the Collector under Section 11. (2) When the applicant has refused to make such claim or has omitted without sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded by the Court shall in no case exceed the amount awarded by the Collector. (3) When the applicant has omitted for a sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded to him by the Court shall not be less than, and may exceed, the amount awarded by the Collector.

(3.) It will be been that the section is concerned with the maximum and minimum amounts which the Court may award in each of the three cases: (1) where the applicant has made a claim before the Collector (2) where without sufficient reason he has failed to make a claim, and (3) where with sufficient reason he has so failed. In the last of these cases the minimum is not to fall below the amount of the Collector's award, but no maximum has to be observed. That, it appears to me, is all that the section says, and 1 can read into it no authority whatever for the course which the Subordinate Judge has found himself open to take under it. It deals with the amount of compensation and not with the grounds upon which compensation should be awarded, and 1 see no reason to hold that because the amount awarded by the Collector may be exceeded, therefore grounds other than those on which the award was made may be entertained.