M SAMIULLAH Vs. COLLECTOR OF ALIGARH

JUDGEMENT

(1.) THESE are two consolidated appeals from the judgment and decree of the High Court of Judicature at Allahabad, dated September 3, 1940, modifying the judgment and decree of the District Judge of Aligarh dated August 18, 1936,. which in turn modified the award of the Land Acquisition Officer, Aligarh, dated November 7, 1928.

(2.) THE land to which the first appeal relates consists of twelve bighas and nine biswas, which were held by the appellant as the mutwali of wakf property. THE land to which the second appeal relates consists of one bigha which was the appellant's personal property. THEse lands were acquired, together with other adjacent lands, belonging to other owners, for the Co-operative Housing Society Ltd. , Aligarh, under Government Notification dated May 29, 1930, and issued under the provisions of the Land Acquisition Act, '1894. At that time the whole area held by the appellant was occupied by two tenants, Abdul Karim and Karu.

(3.) THE learned Judge dealt with the second issue first. He noted that the agreement of the parties excluding sale deeds relating to areas less than 75 yards and sales more than seven years before the notification were relied on on behalf of the Collector to preclude the applicants from questioning the award. THE learned Judge rejected this contention, holding that the agreement only related to the evidence to be relied on for the purpose of determining the value, and that the parties had not consented to be bound by the conclusion drawn by the Land Acquisition Officer on the basis of such-evidence. THE learned Judge then considered the 28 exemplars which had been relied on by the Land Acquisition Officer and came to the conclusion that the conditions of the sale deed, Exh. 84, one of the 28 exemplars, bore a very close resemblance to the conditions relating to the acquisition of the appellant's land, and that the rate at which the land in that exhibit was sold, namely, 10 annas 10j pies per square yard, afforded the best basis for valuation of the appellant's land. Accordingly he allowed that rate, and, adding 15 per cent, for compulsory acquisition, increased the amount awarded to the appellant to Rs. 29, 202, 6 annas, 10 pies.