RAMANJULU S Vs. L A O

JUDGEMENT

(1.) All these appeals are filed challenging the common order passed in O.P.Nos. 47, 67, 68, 85 and 86 of 1989, dated 23-7-1999 by the Principal Senior Civil Judge, Tirupati.

(2.) The claimants are the appellants herein. The land approximately in an extent of Ac. 61.46 cents in Sy.Nos. 6,13,17 and 31 of Yerramreddipalem village of Renigunta Mandal, Chittoor District was acquired by the Government by issuing a notification u/S. 4(1) of the Land Acquisition Act (for short the "Act"), dated 30-12-1976 for the purpose of extension of industrial development area called A.P. Industrial Infrastructure Corporation (APIIC). The declaration u/S. 6 of the Act was published on 14-4-1977. Since the extent of the land acquired is a plain sheet of land without any marks of boundaries by ridges etc., survey of the fields was taken up by the Government within the boundaries proposed for acquisition and the correct extent as per the survey came to Ac. 57-41 cents. Accordingly, the Government issued an errata to 4(1) notification and published the same on 19-8-1981 mentioning therein the extent of land to be acquired as Ac. 57-41 cents in Sy.Nos. 6,13,17 and 31 as against Ac. 61-46 cents. Also an errata to the declaration u/S.6 of the Act was published on the same day. The errata notification was published as there are mistakes with regard to names and extents and that an extent of Ac. 2-13 cents in Sy.Nos. 6, 13 and 17 was not found in the original 4(1) notification. The appellants herein are only concerned to an extent of Ac. 25-10 cents in Sy.No. 31 with its sub-divisions (New Sy.No. 516). The Land Acquisition Officer after conducting necessary enquiry and after taking into consideration the location and the nature of the land passed award in Award No. 3/1983, dated 1-6-1983 fixing the market value of the land at Rs.25,929/- per acre, besides solatium at 15% and after giving 1/3rd deduction towards developmental charges. Dissatisfied with the quantum of compensation awarded the claimants sought reference to a civil Court u/S. 18 of the Act for enhancement of compensation.

(3.) Before the reference Court the claimants urged for fixation of the market value of the lands acquired on the basis of the prevailing market value as on the date of 19-8-1981, the date on which the errata notification was published. On the basis of the claim made by the claimants the reference Court raised the following points for consideration: