LAWS(SC)-2010-9-85

LA P HOUSING BOARD Vs. K MANOHAR REDDY

Decided On September 30, 2010
ANDHRA PRADESH HOUSING BOARD Appellant
V/S
K. MANOHAR REDDY Respondents

JUDGEMENT

(1.) The present appeals are filed by the appellant and are directed against the judgment and order dated 08.06.2001 passed by the High Court holding that the respondents-claimants are entitled to compensation at the rate of Rs. 75/- per square yard for the acquired lands after deducting 1/3rd from the said amount, i.e., Rs. 25/- per square yard, along with other benefits as awarded by the Civil Court.

(2.) The State Government of Andhra Pradesh by issuing a notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") on 16.01.1985, which was published in the Gazette on 17.04.1985, proposed to acquire an extent of land measuring 84 acres 24 guntas of land situated in Survey Nos. 4, 5, 6, 7, 8, 13, 14 and 108 of Pothireddipalli village, Sangareddy Mandal, Medak District. The aforesaid notification was followed by a notification under Section 6 of the Act. The Land Acquisition Officer thereafter, taking into consideration the sale transactions of adjoining lands for a period of three years prior to the publication of notification in question, passed an award determining the market value of the land in question at Rs. 36,000/- per acre.

(3.) The respondent-claimants being dissatisfied with the aforesaid award passed by the Land Acquisition Officer, sought for a reference under Section 18 of the Act to the Civil Court claiming compensation at Rs. 100/- per square, yard for the acquired land. Consequent to the said prayer, a reference case was registered. The respondents-claimants examined eight witnesses and also produced some documents on record in the nature of sale deeds exhibited as A1 to A15. On behalf of the Land Acquisition Officer, documents were produced which were exhibited as B1 to B22.