Judgment

RANGANATHAN, J.:- There are two appeals before us, one by Hindustan Oil Mills Ltd. (In liqn.) (hereinafter referred to as the company) and the other by Sampatlal Ramlal Kimtee (hereinafter referred to as Sampatlal). The appeals relate to the question of compensation payable to the company and to Sampatlal in respect of certain land belonging to them acquired for the purpose of constructing a Dairy Plant under the Integrated Milk Project of the Andhra Pradesh Government.

2. Survey No. 135/1 in the village of Lallaguda in Hyderabad West Taluk in Hyderabad District is of the total extent of 16 acres 35 1/2 guntas. The entire survey No. belonged to Sampatlal originally but it appears that he had sold 10 acres out of this to the company sometime in 1947 to enable the latter to establish a lubricating oil plant thereon. Thus, at present, it is common ground that 10 acres belong to the company and 6 acres 35 1/2 guntas to Sampatlal.

3. The Andhra Pradesh Government issued a notification under S. 4 of the Land Acquisition Act dated 26th April, 1961 published in the Gazette on May 11, 1961. This notification, inter alia, related to the proposed acquisition of dry lands in survey No. 135 / 1 "belonging to Sampatlal -13-20-18- acres". Certain other lands were also referred to in the notification belonging to other parties with which we are not concerned and the total area proposed to be acquired was given as 18-36-30 acres.

4. On 22nd November, 1962, the Government issued an erratum to the above .notification. In so far as is relevant for our present purposes, this notification clarified that the lands proposed to be acquired in Survey No. 135/1 consisted of:

"Part I - Waste or arable lands, belonging to Sampatlal - 13-20-18 acres"; and

"Part II - Land other than waste and arable lands, building site belonging to Sampatlal - 10 acres."

5. The total of both the parts was 18-36-30 acres as before.

Another notification was issued on 28th February, 1963 (gazetted on February .28, 1963), which purported to be in supersession of the errata published on 22nd November, 1962. This again effected a change in regard to the extent and the ownership of the lands proposed to be acquired in Survey No. 135/ 1. The proposed changes were as follows:

"Part I-Waste or arable lands, belonging to Sampatlal - 5-35-18 acres.

Part II - Land other than waste and arable lands, building site belonging to Hindustan Oils Ltd. - 10 acres."

The total extent of land acquired under the notification was revised from 18-36-30 acres to 21-11-30 acres, the difference being entirely attributable to the increase in the area acquired in survey No. 135/1 from 13-20-18 acres to 16-35-18 acres. We may mention here that the notifications relate only to a total of 16-35-18 acres in S. No. I35/1 although it now transpires that the total extent of that survey No. is really 16-351/2 acres.

7. The lands were acquired in due course in pursuance of the above notifications and an award was made by the Land Acquisition Collector. Thereafter a reference was made to the District Judge, who modified the award in some respects. The High Court, on appeals, has made further changes. It is, however, not necessary to set out the full details of the award or the modifications therein made by the Courts on reference and appeal as the controversy before us is within a very narrow-compass as indicated below:

(1) The appellants have been awarded compensation on the basis of the market value of the lands as on 11-5-1961, the first of the notifications above referred to. The appellants contest the correctness of this and urge that the compensation payable should be determined on the basis of the notification published on February 28, 1963. This is the first contention.

(2) The High Court has finally determined the compensation, in respect of the lands belonging to the company, at Rs. 5 per sq. yard and in respect of the lands belonging to Sampatlal, at Rs. 4 per sq. yard. The adequacy of the compensation thus