LAND ACQUISITION OFFICER ELURU Vs. JASTI ROHINI

JUDGEMENT

(1.) Leave granted.

(2.) In disposal of the three appeals by this common judgment, we shall refer to Special Leave Petition (C) No. 12300 of 1994 as first case and to Special Leave Petition (C) Nos. 3528- 29 of 1994 as second case.

(3.) Notification issued under Section 4 (1 of the Land Acquisition Act, 1894 in the first case was published on 16/6/1983 for acquiring 9.47 acres near Eluru town of West Godavari District of A. P. to provide house sites to the poor. Again, 14.10 acres of land was acquired in the second case for the same purpose by publishing the notification under Section 4 (1 on 23/3/1985. The Land Acquisition Officer awarded compensation under Section 11 at Rs. 40,000. 00 per acre in both the cases. On reference, the Subordinate Judge, Eluru, enhanced the market value in the first case to Rs. 105. 00 per sq. yard by deducting 30% for developmental charges out of Rs. 150. 00 per sq. yard fixed as its value, with usual solatium and interest. In the second case, he enhanced to Rs. 70. 00 per sq. yard as claimed by the claimants therein. On appeal, the High court, by the impugned separate judgments dated 29/9/1993 enhanced the market value to Rs. 150. 00 in respect of land in the second case but he upheld in the first case the market value of the land at Rs. 150. 00 per sq. yard granting the usual solatium and interest, Thus, these appeals by special leave.