KUMMARIVEERAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition arises from the judgment and decree of the High court of A. P. dated 20/12/1993, in Appeal No. 2698 of 1987 and the counter-appeal filed by the State. The land to the extent of 69 acres and 25 gunthas situated in Bhongir Municipality in Nalgonda District of Andhra Pradesh, was acquired to provide house sites. The notification under Section 4 (1 of the Land Acquisition Act, 1894 (1 of 1894 (for short "the Act") was published in the District Gazette, as amended by the local amendment on 4/3/1985. The possession thereof was taken on 27/3/1985 dispensing with the inquiry under Section 5-A. The Land Acquisition Officer (for short "the LAO") in his award dated 27/3/1985 determined the compensation to the lands varying between Rs 6,000. 00 to Rs. 10,000. 00 per acre. Though petitioners claimed at the rate of Rs. 40. 00 per sq. yd. , on reference under Section 18, the Subordinate Judge, Bhongir, determined the compensation at Rs. 10. 00 per sq. yd. , deducted Rs. 3. 00 towards developmental expenditure, and fixed the market value at Rs. 7. 00 per sq. yd. Dissatisfied therewith, the petitioner as also the State filed the appeals in the High court.

(2.) The High court after appreciation of documentary sale deeds and oral evidence relied on by the petitioners held that fixation of compensation by the reference court was fair and reasonable. Accordingly, dismissed both the appeals of the claimants as well as the State.

(3.) Learned counsel, Shri Prakash Reddy, in his usual thorough preparation and persuasive advocacy contended that though all the sale deeds are of small extents, since the lands are situated within the municipal limits, the sale transactions furnish the basis to determine the compensation as claimed at Rs. 40. 00 per sq. yd. and they cannot be rejected as being of small extents. He placed strong reliance on Ex. A-2, sale deed relating to the land in question dated 12/2/1985 and sale deeds, Exs. A-9, A-11 and A-17, etc. , relating to the lands in the neighbourhood. The High court after consideration of the entire evidence held thus: