B.D.Agrawal, J. - (1.) THIS is an appeal under Section 54 of the Land Acquisition Act directed against an award of the District Judge, Nainital, dated July 2, 1969. Land measuring 66.43 acres situate in Village Bhogpur Jaspur, Tahsil Kashipur, was acquired by the State for the extension of the Tumaria Dam. 'The notification under Section 4(1) of Land Acquisition Act is dated October 16, 1961 this was followed by notification under Sections 6/17 of the Act dated November 23, 1961. Possession was taken on January 5, 1962. The Special Land Acquisition Officer gave his award on September 26, 1962. Land Revenue payable for the land in question was Rs. 164.75 per month. The Land Acquisition Officer brought this down as per hereditary rates to 116.25 per annum and multiplying the same by 20 he assessed the capitalised value of the land at Rs. 2,325/ - only. This is the amount awarded to the objector besides interest at the rate of six per cent per annum from the date of taking over possession until payment. Upon reference under Section 18, the District Judge Nainital, on July 2, 1969, observed that the loan could not be said to have market value when the notification under Section 4(1) was made because this was held by the Objector as sirdar and hence it was not transferable. The exemplars filed by the objector were discarded on ground that they related to small pieces of land. The capitalised value was affirmed at Rs. 2,325/ - only. The solatium claimed by the objector was declined too with the finding that it could not be had since Section 23(2) of the Act stood deleted at the relevant time in pursuance of the U.P. (Amendment) Act, 1954.
(2.) AGGRIEVED the claimant objector has preferred this appeal. I have heard Sri Ashok Khare for the appellant and the Standing Counsel appearing for the State respondent. Sri Khare urged that the finding recorded by the District Judge in reference under Section 18 to the effect the land in question had no market value when the acquisition took place cannot be sustained. Admittedly the appellant was sirdar of this land under Section 19 of the U.P. Zamindari Abolition and Land Reforms Act, 1950. Interest as sirdar was not transferable in view of Section 153(1) of this Act as it then was. It has been overlooked, however, that under Section 134 of the Act it was open to the appellant to acquire bhumidhari right by deposit of the amount referred therein and then to make transfer inter vivos. The deeds of sale placed on the record by the appellant as exemplars ranging during the period to July 15, 1959, to December 13, 1968, also bear out that there were transfers of land by persons acquiring bhumidhari sanad under Section 134 aforementioned. In view of Section 130(b), as at present, a person, who had land as sirdar under Section 19 has been conferred the status of bhumidhari with transferable rights. This has come into being, of course, with effect from January 28, 1977, by virtue of the amendment introduced by the U.P. (Amendment) Act VIII of 1977. The material fact remains that even before this date the appellant was competent to obtain bhumidhari rights under Section 134 then dealt with the land by way of transfer. In Province of Bengal v. Board of Trustees : A.I.R. 1946 Cal. 416 cited for the appellant it was observed that the compensation must be tested, no doubt, by the loss to the owner but in estimating his loss it is legitimate to discard the restrictions on owner which were existing at the time of acquisition. To similar effect are the observations in Shafakat Hussain v. Collector of Amraoti : A.I.R. 1933 Nag. 208. It was not right, therefore, for the authorities to have taken the view that the land under acquisition did not have market value at the relevant time.
(3.) IT was next contended for the appellant that the exemplars filed by him in the proceeding under Section 18 could not have been discarded altogether on the mere ground that they pertained to comparatively small areas. The registered deeds of sale relied upon for the appellant in this connection are as under: - - (i) Sale -deed dated 15 -7 -1959 executed by Kallu Singh and others in respect of 1.81 acres in village Amka Tahsil Kashipur for Rs. 900/ - at the rate of Rs. 500/ - per acre approximately. (ii) Sale -deed dated 28 -3 -1960 executed by Kallu in respect of 32 acre in village Manorakhpur Tahsil Kashipur for Rs. 300/ - at the rate of Rs. 900/ - per acre. (iii) Sale -deed dated 20 -6 -1961 executed by Chandan Singh in respect of 1.22 acres in village Manorakhpur for Rs. 640/ - at the rate of Rs. 530/ - per acre. (iv) Sale -deed dated 13 -12 -1961 executed by Chandan Singh in respect of 100 bighas in village Rampur Tahsil Kashipur for Rs. 3,000/ - at the rate of Rs. 200/ - per acre.;