Judgement

Appeal (No. 36 of 1938) from a decree of the High Court (May 4, 1937) which reversed an award of the Subordinate Judge of Vizagapatam on a reference under the Land Acquisition Act (September 11, 1933).

Law. Rep. 66 Ind. App. 104 ( 1938- 1939) Raja Vyricherla Narayana v. Revenue Divisional Officer

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A harbour was being constructed at Vizagapatam. Land acquired by the harbour authorities on the south of the harbour was allocated by them to oil companies and other industrial concerns. This land was malarious.

The appellants land, which was to the south of this land, contained a spring which yielded a constant and abundant supply of good drinking water which could easily be made available for the oil companies and people engaged in the harbour works.

The appellants land was acquired for the purpose of the execution of anti-malarial works.

The appellant claimed compensation on the footing of the potentialities of the land as a building site. The Land Acquisition Officer disallowed this claim and awarded compensation on a valuation of the land as partly waste and partly cultivated with an allowance for some buildings and trees.

On the appellants application, the matter was, un