DOSABHAI BEZANJI MOTIVALA; THE SPECIAL OFFICER Vs. SPECIAL OFFICER; DOSABHAI BEZANJI MOTIVALA

JUDGEMENT

(1.) This is an appeal under the Land Acquisition Act, and the question really to be decided is whether after the Collector under the Act has made the enquiry prescribed by the Act, and has reached his own conclusion as to the amount of compensation to be awarded to the claimant, that conclusion can be set aside by the Government, and Government can direct the Collector to substitute a smaller amount than that which, as the result of his enquiry, he had determined to offer. In my opinion the question must be answered in the negative.

(2.) It arises in the following state of facts. Some 1798 acres of Khajan land were decided to be acquired under the Act. The present appellant before us is concerned with 131805 those acres, the balance belonging to another claimant, who has preferred a similar appeal.

(3.) The Resolution of Government directing the publication of the Notification for the acquisition of this land is numbered 12104, and is dated the 22nd December 1906. By that Resolution, the Special Officer, Salsette Building Sites, was directed to take order for the acquisition of the land. This Officer was at the time Mr. E. H. Waterfield who proceeded to institute the enquiries and conduct the procedure prescribed by the Land Acquisition Act. As the result of his enquiries he concludes his judgment in these words :-" I therefore propose to award in the present case compensation for the Khajan land at the rate of Rs. 50 per acre". In point of fact the present claimant has been awarded, not Rs. 50, but Rs. 14 per acre, and it is necessary to explain how this result has been arrived at.