DISTRICT WELFARE OFFICER GUNTUR Vs. PILLALAMARRI RAMAKRISHNA SOMAYAJULY

JUDGEMENT

(1.) These are two connected appeals from the judgment and decree of the Court of the Additional Subordinate Judge, Guntur in O. P. No. 18 of 1954 modifying an award of the Land Acquisition Officer.

(2.) The land to which these appeals relate consists of an area of 4 acres and 10 cents and is situated in Malkapuram Agraharam. This land was acquired by Government for the purpose of providing house sites for harijans pursuant to a Government notification, dated the 13/05/1953 issued under the provisions of the Land Acquisition Act. On the date of the notification, the land was occupied by two tenants. The tenants did not prefer any claim for compensation, hut the land-holder (hereinafter referred to as the claimant) demanded compensation at the rate of Rs. 3,000.00 per acre. The Land Acquisition Officer decided to apply a flat rate in respect of the land under acquisition and to fix flat rate at Rs. 1,000.00 per acre.

(3.) The claimant did not accept the award and he duly required the valuation of his land to be referred for the determination of the Court under Section 18 of the Land Acquisition Act. The case was in due course referred by the Land Acquisition Officer to the Court of the Subordinate Judge, Guntur. The learned Judge, after a consideration of the evidence adduced Before him by the claimant and the Acquisition Officer, enhanced the compensation to Rs. 2,000.00 per acre and added 15 per cent to the market value for compulsory acquisition and directed the Government to deposit the enhanced compensation within three months from the date of his judgment. The decree also directed that the amount should carry interest at 6 per cent after the expiry of the period of three months fixed for the deposit of the enhanced compensation. The learned Judge disallowed costs to the claimant on the ground that his claim at Rs. 9,000.00 per acre was "frivolous and without any sense of reality".