No 917 of 1990
Under Article 32 of the Constitution of India
With IA Nos 1 390 in Writ Petition Civil No 988 and Contempt Petition No 4591 in Writ Petition Civil NO
60290
SK Bhattacharya and R Venkataramani for the Petitioners
Altaf Ahmed Additional Solicitor General SK Mehta A 597 Mariarputham Ashok Bhan Ms A Subhashini R Ramachan dran SP Kalra and Arun Madan for the Respondents
The following Order of the Court was delivered The main application is under Article 32 of the Consti tution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions
The common aspects in all the three proceed ings are that the petitioners before this Court are Research Scholars connected with Projects entrusted to different Institutions
They are before the Court for security of emplOyment and improvement of conditions of service
In Writ Petition 999 of 1988
along with Writ Petition No 1043 of 1989 we gave our judgment on March 22 1990 We then indicated The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge
Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health
It is true that the Institute is entrusted from time to time
with research projects by the World Health Organisation the Indian Council of Medical Research and other government and semi govern ment bodies
It is appropriate that a Scheme should be evolved by the Institute m coordi nation with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research
It is quite possible that certain projects would require specia lised hands  and on such occasions a special team could be set up on casual basis by draw ing the competent hands from different insti tutions for a period but to keep up the tempo of research if a team of researchers is built up it would be
convenient for the Institute for purposes of discipline and control as also for efficiency
The Health Ministry must also sponsor Continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the re spondents Institute as also a similar Insti tute at Chandigarh and to institutes as and when set up elsewhere
This would assist ill updating relevant medical information  and knowledge apart from building up a scientific tone and temper for general circulation
598 We commend that the Institute initiates serious action in this regard
without delay and we suggest that the Ministry of Health and the indian Council of Medical Research collab orate with the Institute to work out the same
Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us
On that occasion we indicated that those who have put in 15 year
s of research work should immediately be regularised and core a cadre could be built up
The Health Ministry has no objection tO a core cadre of researchers being created
The Indian Council of Medical Research  ICMR  for short is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets its expenditure on research by funding
The Court does not have the adequate technical knowhow but we are of the view that if appropriate coordination is made and the Health Ministry ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultane ously the researchers would have better terms of employment
All the Institutes where research is carried on may not be at the national capital
What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies
No consideration has been given
as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research pro grammes
Quality of work in research institutes specialised in their fields is bound to
be better than research carried on by the manufacturers themselves
A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body Could allot
Continuing research not only keeps up the level of knowledge but also helps the enhancement of efficiency of treatment of diseases and in the matter of providing relief to the patients
Mr Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service
When we gave our final decision in Writ Petition No 9991988  we had no intention of creating a permanent cadre of the type Mr Venkataramani argues about
In fact project 599 wise research helps to generate better efficiency than caderised research organisation
Once service guarantees are provided and security of service is available the flow of inspiration from within perhaps slows down
We had there fore thought that those who had put in long period of research work should only be provided security so that in the later part of their service life they may not be put to inconvenience
We have no objection to a core cadre being built
up and if the Health Ministry is of the view that there should be a core Cadre perhaps it can quickly be set up and such of the researchers who have put in a more or less continued period of work Could be brought into the Cadre at the first instance on regular basis
The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment
The Patel Chest Institute seems to  be more or less a permanent feature and researchers therein may be continuedagainst the programmes available
The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it
The research ers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its pro grammes but those was have put in longer periods may be absorbed in available vacancies
We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorp tion
This has our approval
We adjourn these matters by two months to receive a comprehensive response
from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order
Call on 4101991
GN Matters adjourned


Summary:
The notification under section 3 of the Kerala Land Acquisition Act 1961 Act 21 of 1962 was published in the Gazette on February 28 1967 acquiring six acres of land to construct staff quarters of P  T of Govt
of India
The Land Acquisition Officer awarded compensation  Rs230 per cent and also the value of the trees by capital isation method in a sum of Rs26942155 p towards the land improvement together with 15 per cent solatium and 4 per cent interest
On reference the Civil Court enhanced the market value at Rs500 per cent ie in total Rs300000 towards land value and confirmed the award of the Land Acquisition Offi cer of 26942155 p towards land improvement
making in all 56942155 p with solatium at 15 per cent and interest at 4 per cent from the date of dispossession
The appeal by the State was allowed by the High Court
Calling in question the reversing decree of the High Court this appeal has been filed by the claimant contending that there was an intensive cultivation in the acquired land not only of the fruit hearing trees therein but also using the vacant space for other short term crops to establish which the appellant sought remand to the Civil Court to adduce additional evidence under Order 41 of Rule 27 etc which request the High Court had wrongly rejected that the appellant was entitled to 30 per cent solatium under section 232 of the Land Acquisition as amended under the Land Acquisition Amendment Act 68 of 1984 and that the land and the trees together constitute the value of the acquired lands and so were separately valued which would reflect the correct market value which method the Civil Court had correctly adopted
The State contended that the lands and
the trees cannot be valued separately and that the Laud Acquisitiou Act 1894 and 1984 Amendment Act have no application since acqui sition proceedings were admittedly taken under
the Kerala Land ACquisition Act
On the question what is the proper method of valuation of the land this Court allowing the claimant s appeal HELD1
The methods of valuation to be adopted in ascertaining the market value of the land as on the date of the notification are i opinion of experts ii the price paid within a reasonable time in bona fide transaction of the purchase or sale of the lands acquired or the lands adjacent to the lands acquired and possessing similar advan tages and iii a number of years purchase of the actual or immediately prospective profits of the lands acquired
These methods however do not preclude the court from taking any other special circumstances obtained in an appropriate case into consideration
As the object being always to arrive as near as possible in an estimate of the market value in arriving at a reasonable correct market value it may be necessary to take even two or all those matters into account inasmuch as the exact valuation is not always possible as no two lands may bethe same either in respect of the situation or the extent or the potentiality nor is it possible in all cases to have reliable material from which that valuation can be accurately determined
553B D 2
In evaluating the market value of the acquired property namely land and the building or the lands with fruit bearing trees standing thereon value of both would not constitute one unit but separateunits it would be open to the Land Acquisition Officer or the court either to assess the lands with all its advantages as potential value and fix the market value thereof or where there is reliable and acceptable evidence available on record of the annual income of the fruit bearing trees the annual net income multiplied by appropriate capitalisation of 15 years would be the proper and fair method to determine the market value but not both
555A C State of Kerala VPP Hassan Koya   Spe cial 550 Land Acquisition Officer vs
P Veerabhadarappa etc
  and Admn
General of West Bengal vs Collec tor Varanasi   referred to
3 SectiOn 30 sub section 1 of the Land Acquisition Amendment Act 68 of 1984 would reveal the legislative in tendment that the transitional provisions could apply to every proceeding for acquisition of any land under the principal Act namely Act 1 of 1894 Central Act pending on the 30th day of April 1982 namely the date of intro duction of the Land Acquisition Amendment Bill 1982 in the House of the People in which no award has been made by the Collector before that date or the award made by the Civil Court at the date of the Amendment Act
It is clear that the Amendment Act 68 of 1984 including sub section 2 of section 23 per se is inapplicable to the acquisition of the land under the Kerala Land Acquisition Act 1961
The pendency of the appeals against the award made preceeding the dates in the High Court or this Court would not attract the application of section 302 and that therefore en hanced solatium under section 302 read with section 232 is inapplicable
556H 557B 557H 558B Kanthimathy Plantation Pvt Ltd vs State of Kerala  Ors
  referred to
Union of India  Ors
vs Filip Tiago De Gama 1990 1 SCC 277 distinguished
Union of India  Anr
vs Raghubir Singh dead by Lrs   followed
On the totality of the facts and circumstances total sum of Rs 10000 would be reasonable compensation towards the value of the total trees as fire wood or as for use of other purposes after deducting salvage expenses
The appel lant iS not entitled to enhanced solatium at 30 percent but is entitled to Rs310000 as enhanced compensation with 15per cent solatium and interest at 4 per cent on enhanced market value from the date of dispossession
556A B 558B C 5
Remand under order 41 Rule27 CPC cannot be made to adduce fresh evidence when though available but was not adduced 551H 552A