- (1.) This appeal is brought by certificate from the judgment of the Bombay High court, dated 13/11/1963, in First Appeal No. 80 of 1958, whereby the High court dismissed the appeal filed by the appellants against the decision of the Civil Judge, Senior Division, Sholapur and allowed the cross-objections filed by the respondent in Appeal No. 80 of 1958.
(2.) The lands bearing survey No. 93-A (part) and 94-A (part) measuring in all 8 acres 20 Gunthas and 24 square yards belonging to Akbaralli Abdulhussein of Pandharpur were notified under Section 4 of the Land Acquisition Act, 1894 (hereinafter called the Act) under government Notification R. D. No. 9111/49, dated 15/05/1951 for acquisition for the use of State Transport Department, Bombay for motor stand garage and depot, etc. , for State Transport at Pandharpur. Notification under Section 6 of the Act was published on May 31, 1951. Out of the said lands, one acre was converted to nonagricultural land in 1941. It appears that there was some mistake in the measurements of the lands. A correct notification was published on 27/08/1953. After correcting the original notifications the Collector gave notice to the claimant to appear on 19/05/1954 and claim compensation for the entire land acquired which was Rs. 2,05,000. 00. The contention of the claimant before the Land Acquisition Officer was that one acre of non-agricultural land was divided in to 17 plots and hence he should get compensation at the rate of Rs. 5,000. 00 per plot in respect of that land and that as regards the rest of the lands, he should be paid on the basis of 60 plots and that he should get Rs. 2,000. 00 for each plot. By his award, dated 2/06/1955 the land Acquisition Officer awarded Rs. 2,000. 00 per acre for agricultural land. The compensation in respect of agricultural land came to Rs. 15,009-14-6 and in respect of non-agricultural land the Land Acquisition Officer assessed the compensation at Rs. 8,000. 00 per acre. The total amount of compensation including solatium was Rs. 28,166-10-9. Being aggrieved by the award the claimant made an application for reference under Section 18 of the Act to the District court. By his judgment, dated 12/09/1957 the Civiljudge, Senior Division, Sholapur, confirmed the valuation of the agricultural land made by the Land Acquisition Officer but so far as the non-agricultural land was concerned he increased the same by Rs. 5,000. 00 and 15% solatium thereon and thus awarded an additional sum of Rs. 6,050. 00. Aggrieved by the judgment of the Civil Judge, Senior Division, Sholapur, the appellant filed first Appeal No. 80 of 1958 in the Bombay High court claiming a sum of rs. 1,70,733-5-3 as further compensation. The respondent filed cross- objections against the additional amount of Rs. 6,050. 00 awarded by the Civil judge, Senior Division, Sholapur. By its judgment) dated 13/11/1963 the High court dismissed the appeal filed by the appellants and allowed the cross-objections filed by the respondent. The High court held that the increase in the valuation of one acre of non-agricultural land to Rs. 5,000. 00 by the Civil Judge was not justified.
(3.) To appreciate the contentions of the parties it is necessary to set out the exact position of the lands acquired which is given in the plan ex. 43. The plot acquired was a triangular piece including non-agricultural portion which is rectangularly cut out of the whole land. On the southern side of the land leaving a small margin of open space about 25 feet wide, there are some constructions on a portion of land which at one time belonged to the appellant. Beyond these constructions is the Pandharpur station Road. To the west is the railway line, which cuts Survey Nos. 93 and 94 leaving portions on the other side of the railway line to the west. It is only the triangular portion on the east of the railway line that is acquired. To the west the land belongs to the Municipal Corporation and on a portion stands what is known as Karad Dharamshala, which abuts near the southern end of the eastern boundary. To the north of this Dharamshala are blocks which are known as "simcox Blocks" built by the Municipal Corporation. To the west of it lie certain constructions built by the Municipality for residence of vadaras (wandering community) and further east is the Gauthan land. To the north of the acquired land is some construction with roof of corrugated iron sheets. At the southern side beyond the Station Road there is a rectangular area of land of the Padmavati Temple, in one corner of which there is a durga and on one side there is a temple.;