SPECIAL LAND ACQUISITION OFFICER Vs. VYJANATH SINCE DEAD

JUDGEMENT

(1.) THE land of the claimant in Sy. No. 17/a measuring 2 acres 28 guntas in Yeramarus village is acquired for the purpose of widening the railway track. The Land Acquisition Officer awarded compensation at the rate of Rs. 53,000/- per acre. The State is in appeal assailing the compensation granted as excessive.

(2.) THE claimant has filed cross-objections seeking enhancement of the compensation.

(3.) THE adjoining lands nearby are converted for non-agricultural purpose and sites are formed. Ex. P. 8 is the sale deed of a site measuring 38 ft. x 45 ft. dated 20-10-1987 sold for Rs. 10,000/ -. Ex. P. 9 is the another sale deed of a site measuring 35 ft x 45 ft. The Reference Court has deducted 53% towards civic amenities and arrived at the value of the land at Rs. 1,02,366/- per acre but granted compensation at the rate of Rs. 53,000/- per acre. In the first place, deduction towards civic amenities is improper. It is only in case where the land is acquired for housing purpose, the deduction for civil amenities is to be made, for other purpose when the land acquired is fully utilised for the purpose for which it is acquired, no deduction towards civic amenities is permissible. The compensation awarded by the Reference Court is inadequate. The claimant is entitled to compensation of Rs. 1,02,000/- per acre as sought in the cross-objection with statutory benefits.