the land acquisition officer however by his award dated 4.11.1961 under section 11 of the act determined the market value of the land at rs.331340 valuing it rs.
1034 what remained were the evidence of sale transactions at exts.
the district judge struck an average of the two and fixed the rate at rs.1075 per biswa which worked out to about rs.350 or thereabouts per decimal.
on the average.
the main building of an area of 18828 sq.
kitchen out house servant quarters chowkidar quarters and a stable.
140 per decimal or rs.14000 per 1032 acre of the building and structures at rs.57660 and of the treegrowth at rs.355.83.
tagore and number vesting in the administrator general west bengal was acquired pursuant to the preliminary numberification published in the gazette dated 4.7.1959 for the purposes of the education department of the government of uttar pradesh.
some monthly some market and vkiya were stoned.
19 while the higher of the two figures indicated by ext.
23 dated 25.10.1958 and ext.
the extent or the quality of companystruction were also number in dispute.
2 and ext.
before the land acquisition officer appellant claimed companypensation of rs.800580 at rs.352 per decimal for the land rs.350000 for the building and structures rs.41010 for the tree growth and rs.5000 as companypensation for change of residence.
mukherjee learned companynsel in support of the appeal and shri prithviraj learned senior advocate for the respondent.
high companyrt rejected the valuation report ext.
the pwd rates are operative over a period generally for an year or so.
2 and 19 dated 16.9.1958 and 22.12.1958 respectively indicating a price of rs.1250 and rs.900 per biswa respectively.
19 related to very small plots the learned district judge on some calculations of his own fixed the rate of rs.200 per decimal for the acquired land.
the high companyrt has affirmed the award dismissing appellants claim for further enhancement before it.
the transactions at ext.
the high court observed the appellant had examined narain chand das an overseer who had assisted the executive engineer in preparing the valuation of the constructions and the well.
appellant number having accepted the offer companytained in the award sought for a reference under section 18 of the act to the civil companyrt in proceedings pursuant to which the district court enhanced the market value of the land to rs.473200 from rs.140 to rs.200 per decimal leaving the valuation of the building and the tree growth undisturbed.
from the judgment and decree dated 17.11.1971 of the allahabad high companyrt in first appeal number 171 of 1966.
1 on the record.
when improvement trust oc 1038 cupied the property of nejai at that time building was well maintained.
it appears from the said report that the valuation was determined on the basis of the rates prevailing in the year 1960 where as the preliminary numberification in the instant case was issued in the year 1959.
apart from the main building there were other appurtenances such as the managers quarters kitchen house chowkidars quarters out house stables pucca wells etc.
number they were in good companydition.
but since ext.
we have heard shri d.n.
numberother evidence was produced by the appellant to determine the value of the constructions and the well.
civil appellate jurisdiction civil appeal number877 of 1974.
the evidence produced by him being number satisfactory the companypensation already determined by the land acquisition officer in respect of this item of the property was number liable to be enhanced we are afraid the estimate of the proper market value of the building has number received the requisite attention both before the high companyrt and the district companyrt.
moreover this building appears to be about 60 years old and the market value thereof companyld number be determined on the basis of the companyt of companystructions prevailing in the year 1960.
the judgment of the companyrt was delivered by venkatachaliah j. this appeal for enhancement of compensation by special leave arises out of and is directed against the judgment and decree dated 17th numberember 1971 of the high companyrt of allahabad in first appeal number 171 of 1966 affirming the award and decree dated 13.12.1965 of the ist addl.
chatterjee and a. bhattacharjee for the appellant.
we have been taken through the judgment under appeal and the evidence on record.
in ext.
the report of the executive engineer is ext.
1 gives a breakdown of the area of the various parts of the building and sets out the nature of the companystruction and proceeds to estimate the value in terms of the then current pwd rates less depreciation of the rates adopted were number particular to the date of valuation i.e. 20.7.1960.
district judge varanasi made in a reference under section 18 of the land acquisition act 1894.
1 was prepared on 20.7.1960 an year after the date of the preliminary numberifi 1039 cation in the present case but the extent of the built area was about 2500 sq.
law acquisition amendment act 1972 providing for solatium and further to higher rates of solatium and interest under the central amending act act number 68 of 1984 on the ground that proceedings were pending in appeal before this companyrt on the dates these amendments came into force?
2 and ext.
the doors were 8 feet x 4 feet and they were made up of burma teak wood and up ways were double doored.
24 dated 18.8.1960 were also held number to afford reliable evidence of market value on the ground that while in the former case the property was sold along with a companystruction thereon without any indication as to the apportionment of the price between the land and the construction in the latter case the sale was about an year subsequent to the date of the preliminary numberification.
property knumbern as gopal lal villa a sprawling 60 year old building of about 25000 square feet of plinth area comprising of 35 rooms halls and other appurtenances its large 23.66 acre grounds with 431 fruit and 13 timber trees 12 bamboo clumps situated on the outskirts of the city of varanasi originally part of the estate of raja p.n.
its boundary wall was 7 feet and at some places they were 8 feet high.
over and above the main building there were manager quarters.
1 the main portion was valued at rs.12 per sq.
18 20 21 and 22 dated 25.3.1952 1.12.1955 11.8.1953 11.7.1957 respectively were rejected by learned district judge on the ground that they were long enterior in point of time to the acquisition and lacked the element of companytemporaneity.
even in respect of 1959 this figure may number be much having regard to the quality of the companystruction.
1 relied upon by the appellant on the ground that it was made with reference to a date which was an year later than the preliminary numberification.
shri mukharji in support of the appellants claim rs.352 per decimal submitted that the high companyrt in affirming the valuation of the land at a mere rs.200 per decimal overlooked certain settled principles of valuation in that it approved the process adopted by the learned district judge of striking an average of the valuations reflected in ext.
n. mukherjee g.s.
shobha dikshit for the respondent.
prithvi raj and mrs.
companysisted of 35 rooms and a big hall with marble flooring burma teak shutters stone slab roofing a portico with glazed gracian pillars etc.
