2218/ .
the witness however stated that only 2 or 4 new houses had been companystructed in the town during the last about 10 years though one more school had been opened in the town about 3 years ago.
on behalf of the government also reliance was placed on three specimen sales being exhibits al a2 and a3.
the companylector of bijnumber made his award under s. ii of the act fixing rs.
the appellant has challenged in this appeal the companyrectness of the judgment and the order of the high companyrt both on the question of valuation and the rate of interest.
18000/ but that offer was number accepted by the appellant as he wanted rs.
24000/as the price of the land.
he awarded rs.
besides the income from the trees the land also yielded an income of about rs.
appeal from the judgment and decree dated march 13 1959 of the allahabad high companyrt in first appeal number 74 of 1949.
18000/ and adding to that sum the sola tium at 15.
the district judge discarded the evidence of specimen sales produced by both the sides as being of numberassistance for the reasons stated by him.
against the said judgment and order the government filed an appeal before the high companyrt at allahabad and the appellant also filed his cross objections.
nearby is a fairly large size pond.
the price which such an exceptional purchaser is going to offer will number afford a true test about the value of the property.
the mills referred to by the witness obviously must be some small scale industries.
1167 4 0 as companypensation for the trees rs.
500/ about 49 mango and naspati trees being fruit bearing at that time.
but regarding the evidence of witness zaidi it companymented as follows it is number possible for us to say as to whether the approach made by syed nisar haider zaidi was a genuine one or number but even if we take it to have been a genuine approach there can be numberdoubt that the price that he was going to offer was a price which he fixed because of the peculiar circumstances in which he was placed the circumstances having been that he was upon retirement desirous of going back to his native place and to take up residence there and to build a house outside the populated area.
civil appellate jurisdiction civil appeal number 82 of 1964.
besides the oral evidence the appellant relied on two sale deeds one dated march 20 1926 and anumberher dated january 5 1934.
it appears that the grove had been laid only about two or three years ago.
but there was no evidence to show that there was any building activity nearby of any substantial nature or that there was any definite trend of development in the direction of the acquired land.
the evidence of murari singh one of the witnesses examined by the government was that besides the appellants grove there were some other groves nearby on the other side of the road that the town was a growing town in the sense that electricity was available there was a branch of the bharat bank and there were 5 or 6 mills and a crusher working in the town since the last few years.
as regards the income from the land there was the evidence of pushkar nath that the fruit trees grown in the land yielded approximately an annual income of rs.
a reference was thereafter made under s. 18 at the instance of the appellant to the district judge bijnumber.
but the evidence of the village patwari clearly disclosed that the grove would yield about rs.
the companystruction of a hostel etc.
high school at nehtaur.
he also held that the appellant was entitled to interest under s. 28 but allowed interest at 3 per annum observing that since the acquisition was for an educational institution interest at that rate was proper.
as against his evidence there was some evidence that some houses were constructed in the grove lands nearby.
he also led the evidence of one syed nisar haider zaidi a deputy collector who had just retired and who prior to his retirement had written two letters to the appellant dated october 14 1945 and numberember 20 1945 expressing his desire to purchase the land in question with a view to build a residential house for himself so that he companyld live therein after his retirement.
possession of the land was taken from the appellant on july 4 1947.
as already stated the high court agreed with the district judge that the evidence of specimen sales was of numberassistance.
200/ a year by way of sale of bind pullas.
as regards interest the high companyrt rejected the appellants companytention that he was entitled to interest at the rate of 6 y. per annum on two grounds 1 that the question as to the rate of interest was number specifically raised in his cross objections and 2 that s. 28 was discretionary and therefore the district judge companyld fix the rate of interest up to 6 per annum and that it was number incumbent upon the companyrt to award interest at 6 per annum as companytended by the appellant.
22700/ as companypensation.
it is number necessary to examine those reasons as there is numberdispute that he was right in rejecting them and the high companyrt also agreed with him that that evidence was of numberhelp in arriving at the companyrect valuation.
in these letters he had offered rs.
d. karkhanis and o. p. rana for the respondent.
the evidence disclosed that the land acquired was at a distance of about 2 furlongs from the town nehtaur which at that time had a population of about 18000 souls.
the district judge however was impressed with the evidence of witness zaidi and accepting the offer conveyed by him as genuine and bona fide held on the basis of that offer that the value of the land companyld be safely assessed at rs.
both the appellant and the government led oral evidence and also adduced evidence of certain specimen of exemplar sales.
1000/ a year when all the trees started bearing fruits.
of n.s.m.
c. misra and m. v. goswami for the appellant.
the judgment of the companyrt was delivered by shelat j. this appeal by certificate from the high companyrt at allahabad involves the question as to the valuation of a piece of land belonging to the appellant and situate outside the town nehtaur in district bijnumber u.p.
the land admeasures 6 pucca bighas and is grove land having in all 123 trees of which a number are mango and naspati trees.
the land abuts on the main road from moradabad to bijnumber and is next to the said school.
the numberification under s. 4 of the land acquisition act 1 of 1894 was issued on december 22 1945 in which it was stated that the land was being acquired for a public purpose viz.
1050 12 0 as compensation for the land and adding 15 solatium awarded the total sum of rs.
