Cap arable sale deeds preferred to capitalization method.

Ramanujam, J. — An extent of 41.97 acres in survey Nos. 272, 280, 286, 287, 288, 294, 295, 299, 300, 302 and 306 to 308 in Putlur village Was originally requisitioned under the Madras Requisitioning and Acquisition of Immovable Property Act, 1956, for establishing a State Seed Farm, by a notification dated 31st October, 1962. The lands were taken possession of by the State on 24th January, 1963. Subsequently the State acquired the lands under the provisions of the said Act. While awarding compensation for the lands acquired the competent authority, the District Revenue Officer, Saidapet, grouped the lands under three heads: (1) wet lands 4.55 acres, (2) manavari lands 14.01 acres and (3) dry lands 23.41 acres. Out of the wet lands 7 cents were treated as vacant site with certain structures, and the rest 4.48 acres were valued at Rs. 35 per cent. based on the basis of a sale deed Exhibit B-3 dated 27th August, 1962, relating to survey No. 195/2. As regards manavari lands, out of the extent of 14.01 acres the competent authority found that actually 13.57 acres were being cultivated with paddy, and therefore, he treated it more or less as wet land and fixed a compensation at Rs. 31 per cent. based on Exhibit B-4 dated 19th February, 1963, Which dealt with survey Nos. 402 and 396. Out of dry lands of 23.41 acres the competent authority found that 5.44 acres have been actually irrigated with well water and paddy is raised. For those lands he has fixed Rs. 20 per cent. as the market value based on Exhibit B-5 dated 17th September, 1962, dealing with survey No. 10/1. 17.72 acres out of the dry lands were found to be cultivated with dry crops and therefore he fixed a sum of Rs. 15 per cent. for those lands based on the sale deed Exhibit B-6 dated 20th July, 1961, dealing with survey No. 126. As regards the balance of the 25 cents out of the dry lands it was found that it was only vacant lands with occasional cultivation with dry crops and for this extent the competent authority fixed the value at Rs. 10 per cent. The competent authority thus fixed the compensation for the entire lands acquired only on the basis of the existing sale deeds in and around the locality. When the matter was referred to the arbitrator (District Judge) at the instance of the appellant, he also adopted the same basis. But he however increased the value fixed by the competent authority slightly in respect of all the categories of lands as shown in the statement given below.

S. No. Nature Acres

A.C. Value fixed by

competent authority

per cent.

Rs. Award by Court

per cent.

Rs. Claim in

appeal

Rs.

294-2-B

295-A Wet 4.48 35 40 80

300-2

302-A Wet 0.7 10 12 80

288-3, 4, 5

291-2, 1 Manavari paddy

cultivation 13.57 31 35 80

295-3-B

302-1-A 44 10 12 80

272-3, 280,

286, 287-1, Dry paddy grown 5.44 20 24 80

287-2, 288-1

2, 299-2 17.72 12 15 45

307-2, 308

306-2 Rainfed dry crops 0.25 10 12 45

2. In the lands acquired, there were five wells, one each in each of the survey Nos. 280, 299/1, 298/3,302/1-A and 307/2. The competent authority valued all these wells and fixed compensation therefor. There were certain structures such as cattle-shed, pump set, etc. in survey No. 298/2, a cattle shed in survey No. 307 and a pumpset in survey No.307/2 and those structures were also valued by the arbitrator. The appellant was aggrieved against the valuation fixed by the competent authority in respect of the two wells situate in survey Nos. 293/3 and 307/2 alone, and the Court enhanced the value of these two wells to Rs. 5,000 each. Not satisfied with the compensation fixed by the lower Court (Arbitrator) for the lands, structures and wells, the appellants are before this Court in A.S. No. 778 of 1967. They claim compensation at the rate of Rs. 80 per cent in respect of lands which are cultivated with paddy and at the rate of Rs. 45 per cent for the other lands in which admittedly dry crops are raised. The appellants also claim an enhanced compensation of Rs. 23,870 for the structures and wells in add

Click Here to Read the rest of this document