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1982 Supreme(Gau) 4
GAUHATI HIGH COURT
B.L.Hansaria, T.C.Das, JJ.
Deputy Commissioner of Kamrup, Gauhati -Appellant
Versus
Arun Sankar Bhaduri -Respondent
F. A. No. 62 of 1973
Decided On : 05-01-1982
M.A.Laskar, B.Buzarbaruah, B.K.Goswami, K.R.Pathak, J.P.Bhattacharjee
Recurring payment under clause (a) of section 8(2) of the Requisitioning and Acquisition of Immovable Property Act, 1952 is payable only for that kind of property which is not destroyed, demolished or damaged. In case of requisitioning of land over which there are fruit bearing trees or tea bushes, the compensation for such trees and bushes should be determined by paying a lump sum amount for the damage to the trees etc. under sub-clause (i) of clause (b) of section 8(2) of the Act.
Headnote:
REQUISITIONING AND ACQUISITION OF IMMOVABLE PROPERTY ACT, 1952 - SECTION 8 - COMPENSATION - PRINCIPLES AND METHOD OF DETERMINING COMPENSATION - RECURRING PAYMENT - PECUNIARY LOSS - TREES AND TEA BUSHES - INTERPRETATION.
Fact of the Case:
An area of about 161 bighas was requisitioned under the Defence of India Act, 1962 for construction of Digaru Explosive Storage Park and allied purposes. Possession was taken on 8.3.63 and of some part on 25.3.63. Some portion was de-requisitioned, and the area which is still under requisition measures about 1435 bighas. The matter was referred to the District Judge, L.A.D., at Gauhati by appointing him as an arbitrator under the Act. The arbitrator made an award for initial compensation, annual recurring compensation for jirats and other fruit bearing trees, annual recurring compensation for paddy lands, annual recurring compensation for lands having thatching grass, annual recurring compensation for other lands, and annual recurring compensation for tea bushes.
Finding of the Court:
The court held that the recurring payment under clause (a) of section 8(2) of the Act is payable only for that kind of property which is not destroyed, demolished or damaged (to make the requisitioned property usable for the purpose for which it was taken). The court further held that in case of requisitioning of land over which there are fruit bearing trees or tea bushes, the compensation for such trees and bushes should be determined by paying a lump sum amount for the damage to the trees etc. under sub-clause (i) of clause (b) of section 8(2) of the Act.
Issues: 1. Whether recurring payment under clause (a) of section 8(2) of the Act is payable for trees and tea bushes. 2. How to determine compensation for fruit bearing trees and tea bushes in case of requisitioning of land.
Ratio Decidendi: 1. The court held that recurring payment under clause (a) of section 8(2) of the Act is payable only for that kind of property which is not destroyed, demolished or damaged (to make the requisitioned property usable for the purpose for which it was taken). The court reasoned that in case of requisitioning of land over which there are fruit bearing trees or tea bushes, the same would in normal course be uprooted to make the land fit for the public purpose. Therefore, recurring payment for these types of things attached to the land could not normally be claimed under clause (a). 2. The court held that in case of requisitioning of land over which there are fruit bearing trees or tea bushes, the compensation for such trees and bushes should be determined by paying a lump sum amount for the damage to the trees etc. under sub-clause (i) of clause (b) of section 8(2) of the Act. The court reasoned that this method would be appropriate where large tract of land is requisitioned. However, if the growth on the land has been destroyed or uprooted, the proper method of determining compensation would be to pay a recurring sum for the use and occupation of the land alone under clause (a), and to pay a lump sum amount for the damage to the trees etc. under sub-clause (iv) of clause (b).
Final Decision: The court allowed the appeal and set aside the impugned award except for what was ordered for different varieties of bamboos, cane and fuel trees. The matter was remitted back for determination of compensation for rest of the items as indicated above.
The provisions relating to determination of compensation when any property is requisitioned under the provisions of the Requisitioning and Acquisition of Immovable Property Act, 1952, brevi manu the Act, require our interpretation in this appeal on these facts. An area of about 161? bighas was first requisitioned under the Defence of India Act, 1962 by Notification dated 21.12.62 for construction of Digaru Explosive Storage Park and allied purposes. Possession was mostly taken on 8.3.63 and of some part on 25.3.63. Some portion was de-requisitioned, and the area which is still under requisition measures about 1435 bighas. At the time of taking over possession a list of jirats (Trees and plants) was prepared. As there could be no agreement about the amount of compensation, the matter was referred to the learned District Judge, L.A.D., at Gauhati by appointing him as an arbitrator under the Act. The learned arbitrator has made the following award:
1. Initial compensation (for one time only) Bhaluka bamboo 1425 nos. @. 2.50 per bamboo Rs. 3562.50 960 nos. @ 1.50 per bamboo Rs. 1440.00 6430 nos. @ 1.00 per bamboo Rs. 6430.00 949 nos. @ 0.50 per bamboo Rs. 424.50 843 grove @ 35/- per grove Rs. 5005.00 3_288_nos._@_20/- per tree Rs. 5760.00 Jati bamboo Kotah bamboo Bijuli bamboo Raidang cane Fuel tree Total Rs. 82,622.00
2. Annual recurring compensation for Jirats and other fruit bearing trees.
Jam tree 21 nos. t® Rs. 30.03 per tree Rs. 630,00
Kathal tree 206 nos. @ Rs. 50.00 per tree Rs. 10,300.00
Amlakhi 32 nos. @ Rs. 40.00 per tree Rs. 1,280.00
Teteli 10 nos. @ Rs. 20.00 per tree Rs. 200.00
Lemon 3 nos. @ R. 30.00 per tree Rs. 90.00
Silikha 1 nos. @ Rs. 20.00 per tree Rs. 20.00
Bel 178 nos. @ Rs. 20.00 per tree Rs. 3.560.00
Mango 167 nos. @ Rs. 60.00 per tree Rs. 10,020.00
Madhuriam 5 nos. @ Rs. 20.00 per tree Rs. 100.00
Simalu 52 nos. @ Rs. 30.00 per tree Rs. 1,560.00
Orange 701 nos. @. Rs. 70.00 per tree Rs. 49,070.00
Total Rs. 76,839.00
From 8.3.1963 till 11.5.72 i. e. 9 years.
3. Annual recurring compensation for paddy lands measuring 153 bighas 1 Katha and 10 lechas at Rs. 350.00 per bigha of land. Rs. 53,644.00 annually. From 8.3.1963 till 11.5.1972 i. e. 9 years.
4. Annual recurring compensation for laqds having thatching grass over 124 bighas a kotha and 2 lechas (thatch bari) at Rs. 300.00 per bigha. Rs. 37,206.00 annually.
From 8.3.1963 fill 11.5.1972 i. e. 9 years.
5. Annual recurring compensation for other lands measuring 1157 bighas 1 Katha and 10 lechas at Rs. 125.00 per bigha per year. Rs. 1,44,622.50 annually.
From 8.3.1963 till 11.5.1972 i. e. 9 years.
6. Tea bushes annual recurring compensation for 56548 nos. of tea bushes at Rs. 4.00 per tea bush. Rs. 2,26,192.00 annually.
From 8.3.1963 till 11.5.1972 i. e. 9 years.
7. Interest @6/- per cent per annum on the total amount of compensation from 11.5.1972 till the final payment.
2. The main dispute between the parties in this appeal by the Deputy Commissioner is about the principle adopted by the learned arbitrator in fixing the compensation. As the Defence of India Act came to be repealed subsequently, it is an admitted position that the provisions finding place in the Act relating to the compensation shall govern the present matter also in view of the provisions in section 25 of the Act.
3. We may note at the thresh hold relevant provisions of the Act :
"Section-8. Principles and method of determining Compensation.
(1) * * *
(2) The amount of compensation payable for the requisitioning of any property shall consist of-
(a) a recurring payment, in respect of the period of requisition, of a sum equal to the rent which would have been payable for the use and occupation of the property, if it had been taken on lease for that period; and
(b) such sum or sums, if any, as may to found necessary to compensate the person interested for all or any of the following matters, namely :
(i) pecuniary loss due to requisitioning ;
(ii) expenses on account of vacating the requisitioned premi
