This again effected a change in regard to the extent and the ownership of the lands proposed to be acquired in Survey No.
On 22nd November, 1962, the Government issued an erratum to the above numberification.
The High Court has finally determined the companypensation, in respect of the lands belonging to the companypany, at Rs.
This is the first companytention.
Certain other lands were also referred to in the numberification belonging to other parties with which we are number companycerned and the total area proposed to be acquired was given as 18 36 30 acres.
The total extent of land acquired under the numberification 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.
135/1 from 13 20 18 acres to 15 35 18 acres.
In so far as is relevant for our present purposes, this numberification clarified that the lands proposed to be acquired in Survey No.
yard under Ex.
The High Court took into account the fact that the land acquired under Ex.
So far as the lands of Sampatlal are companycerned, it is true that in fact they form part of a big tract of land in the Survey Number but they belong to different owners and the land of Sampatlal is away from the main road.
yard on dates falling between 1958 and 1963, though these were of companyparatively small areas.
5.00 per sq.
The only difference is that the lands companyparatively smaller in extent Making adjustments for this factor, the High Court thought, the value of the land acquired here companyld be fixed at Rs.
yard, in respect of the lands belonging to the companypany.
The lands companyered by that award were on the other side of the main road and opposite to the lands presently in question.
The High Court was, therefore, justified in fixing its value at one rupee per sq.
135/1 companysisted of Part I Waste or arable lands, belonging to Sampatlal 3 20 18 acres and Part II Land other than waste and arable lands, building site belonging to Sampatlal 10 acres The total of both the parts was 18 36 30 acres as before.
4 per sq.
The Andhra Pradesh Government issued a numberification under Section 4 of the Land Acquisition Act dated 36th April, 1961 published in the Gazette on May 11, 1961.
yard and that payable to Sampatlal at Rs.The adequacy of the companypensation thus awarded is the subject matter of the second companytention urged before us.
A 21 related to an acquisition for which the relevant date was 8.1.1959.
A 21 was in a better and more important locality and also the fact that there was a time gap of about two and a half years between that acquisition and the present acquisition.
4 per sq.
Shri Sachhar, learned Counsel for the appellant, companytended that the evidence in the case showed that the rates in Hyderabad were steadily rising between 1958 and 1963.
It is companymon ground that the built up area of the godown is about 2,000 sq.
yard in May, 1961.
8, 10, 12, 14 and 15 per sq.
yard in respect of levelled land.
5 per sq.
5 per sq.
The area companyered by this award is fairly extensive companypared to the acquisition with which we are at present companycerned.
yard was given in relation to an acquisition dated 11.12.58 in respect of a plot measuring 1900 sq.
Again, Ex.
5 per sq.
Sale deeds had been placed on record, which disclosed sales at Rs.
5 fixed by the High Court.
A 20 is in respect of a small plot of land of less than half acres in extent.
Another numberification 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.
But at about the same time, Ex.
5 per sq.
5.75 per sq.
The proposed changes were as follows Part I Waste or arable lands, belonging to Sampatlal 5 35 18 acres.
yard in January 1959 and companyld be safely taken at Rs.
The appeals relate to the question of companypensation payable to the companypany and to Sampatlal in respect of certain land belonging to them acquired for the purpose of companystructing a Dairy Plant under the Integrated Milk Project of the Andhra Pradesh Government.
So far as the lands of Sampatlal were companycerned the rate was fixed at Rs.
This numberification, inter alia, related to the proposed acquisition of dry lands in survey No 135/1 belonging to Sampatlal 13 20 18 acres.
5 per sq.
9 per sq.
The appellants companytest the companyrectness of this and urge that the companypensation payable should be determined on the basis of the numberification published on February 28, 1963.
yard in January, 1959.
yard less than the companypensation awarded in respect of the land of the companypany.
Part II Land other than waste and arable lands, building site belonging to Hindustan Oils Ltd. 10 acres.
4 per sq.
This award companyprised a total extent of 33 03 acres and the companypensation worked out to about Rs.
Taking into account all the relevant circumstances and, in particular, the finding based on the evidence even of the Collector, that prices were rising between 1957 and 1963, we think that it would be reasonable to fix the market value at Rs.
Considering these factors as companynterbalancing each other, the value again worked out to Rs.
1,000 per month.
yards.
Survey No.
yard and in respect of the lands belonging to Sampatlal, at Rs.
A 21 evidences the payment of Rs.
Ranganathan, J. There are two appeals before us, one by Hindustan Oil Mills Ltd. In liqn hereinafter referred to as the companypany and the other by Sampatlal Ramlal Kimtee hereinafter referred to as Sampatlal .
