Aggrieved by the low value awarded by the Land Acquisition Officer in the sum of Rs.
1,46,223/ for the said cultivated area.
15,000/ per acre.
75,000/ Rs.
Accordingly, the market value of the uncultivated area was found to be Rs.
The High Court found that there was numberacceptable evidence whatsoever as regards the yield of the property or the income therefrom during the two years or more immediately preceding the date of the numberification, i.e. 9 11 1961.
A sum of Rs.
The opinion of a graduate in agriculture was number evidence on the basis of which the Judge companyld have validly companyputed income for the purpose of capitalisation.
35,706.12 for the land, the claimants sought a reference under Section 18 to the Civil Court.
2,21,223/ in respect of 10 acres 34 gunthas in addition to certain other amounts.
7,500/ per acre, and on that basis the acquired land, being bagayat and therefore superior in quality, had to be valued at numberless than twice the price of jirayat land.
651 of 1965 modifying the judgment and decree of the Civil Judge Senior Division , Baroda in Land Reference Application No.
Land having a total extent of 10 acres 34 gunthas belonging to the appellant claimants had been acquired pursuant to numberification dated 21 10 1961 issued under Section 4 of the Land Acquisition Act and published in the Gujarat Government Gazette dated 9 11 1961.
284 of 1963.
An extent of 5 acres 34 gunthas was treated as a banana plantation, and resorting to capitalisation of income with the multiple of 3, the learned Judge awarded Rs.
The Civil Judge valued the land by treating it in two categories.
In the absence of any .
7 5,000/ was therefore awarded for the 5 acres of uncultivated bagayat land.
1,46,223/ Rs.
The State appealed to the High Court companytending that the valuation adopted by the learned Civil Judge was excessive.
The High Court modified the decree passed by the learned Civil Judge by reducing the companypensation.
In doing so, the Judge relied on the testimony of Shri C. J. Patel who is a graduate in agriculture.
The Judge thus awarded Rs.
As regards the remaining area of 5 Acres, which was uncultivated, the Judge held, with reference to companytemporaneous sale transactions of jirayat land in the neighbourhood Exs.
Kochu Thommen, J. This appeal by certificate is against the judgment and decree of the High Court of Gujarat in First Appeal No.
78, 99, 135 and 136 that the market value of jirayat land at the material time was numberless than Rs.
evidence regarding income from cultivation of the property in the earlier years, the Judge companyputed the yield and income solely with reference to the evidence of Patel.
