LAND ACQUISITION OFFICER Vs. T RAJA VITTAL

JUDGEMENT

(1.) The Land Acquisition Officer is the appellant in this appeal, which is directed against the order of the Court of the Senior Civil Judge, Bodhan dated 9-/-1999 in O.P.No.35 of 1995. Whereas the Land Acquisition Officer filed regular appeal aggrieved by the compensation fixed by the Court below at the rate of Rs.60/- per square yard, which works out at Rs.2,90,400/- per acre as against the compensation awarded by the Land Acquisition Officer at the rate of Rs.26,000/- per acre, Cross-Objections are filed by the claimant contending that the compensation as awarded by the Court below is inadequate and claiming enhancement at the rate of Rs. 100/- per square yard.

(2.) The brief facts of the case are that an extent of Ac.0-36 gts of land situated in R.S.No.50/1 of Dudyaltarfa at Bodhan in Nizamabad District was acquired for the purpose of providing graveyard for Scheduled Caste community by puB1ication of notification dated 15-/-1994 under Section 4(1) of the Land Acquisition Act. The Land Acquisition Officer, on the basis of the sale statistics obtained for the preceding three years from the date of the notification under Section 4(1) of the Act, fixed the market value of the acquired land at the rate of Rs.26,000/- per acre, and accordingly passed award dated 30-8-1995. Dissatisfied with the quantum of compensation awarded by the Land Acquisition Officer, the claimant sought reference under Section 18 of the Act. Accordingly, reference has been made to the Court below and the same had been taken up as O.P.No.35 of 1995. Before the civil Court, the claimant examined three witnesses on his behalf and filed Exs.A1 to A9 documents in support of his claim for enhancement of compensation. On behalf of the Referring Officer, the Revenue Divisional Officer, Bodhan was examined as RW1 and the award dated 30-8-1995 has been marked as Ex.B1. The Court below on examination of the evidence adduced, by order dated 9-/-1999 held that the claimant is entitled to the compensation for the land acquired at the rate of Rs.60/- per square yard which works out at Rs.2,90,400/- per acre as against Rs.26,000/- per acre awarded by the Land Acquisition Officer, apart from granting interest and other benefits provided under the Land Acquisition Act, as amended by Amendment Act 68 of 1984. Aggrieved by the said order, the Land Acquisition Officer preferred the present appeal.

(3.) The learned Government Pleader appearing for the appellant submits that the impugned order of the Court below in enhancing the compensation from Rs.26,000/- per acre to Rs.2,90,400/- per acre is without any basis and highly excessive. He also submits that the Court below erred in relying upon Ex.A2 and proceeded on presumptions and assumptions and erred in enhancing the compensation more than 10 times over and above the compensation awarded by the Land Acquisition Officer. On the other hand Sri V. Tulasi Reddy, learned Counsel appearing for the claimant- respondent, who also preferred Cross- Objections claiming compensation at the rate of Rs. 100/- per square yard, submitted that the Court below having accepted Ex.A2 erred in making a deduction of about 50 per cent. The learned Counsel submitted that the compensation as awarded by the lower Court cannot be said to be excessive and as a matter of fact the claimant is entitled to the compensation at the rate of Rs.100/- per square yard on the basis of Ex.A2, since the land acquired is situated very near to the land covered under Ex.A2.