SPECIAL DEPUTY COLLECTOR INDUSTRIES Vs. BEE MAN BEE

JUDGEMENT

(1.) These to appeals are conned ed and can be disposed of together.

(2.) C.C.C.A. No. 164/82 is an appeal preferred by the Special Deputy Collector, Industries, Hyderabad against the judgment and decree passed in O.P. No. 268 of 1979 on 8-2-1982 under the Land Acquisition Act. The judgment was given by the Court below on a reference u/s. 18 of the Land Acquisition Act, The notification in question u/s. 4(1) was issued on 9-6-1977 acquiring an extent of Acs. 21. 28 guntas in S.No. 24/A of Bowen- pally village. The acquisition was made for the purpose of R&D Department B.H.E.L. Possession was taken on 18-3-1978 and the award was passed on 28-6-1978. Thereupon, a reference was claimed under Sec. 18 and was registered in the Civil Court as O.P. No. 268 of 1979 referred to above. While the Land Acquisition Officer granted compensation at the rate of Rs. 4/- per sq. yard, the Civil Court enhanced the same to Rs. 10/-. Against the said decree, the claimants have not preferred any appeal. But it is only the Land Acquisitiori Officer that has preferred this appeal.

(3.) In this appeal, it is contended by the learned counsel for the appellant Sri R. Subba Rao that the rate of compensation awarded by the lower court is excessive. It will be noted that the claimants have filed various registered sale deeds pertaining to lands in and around Bowenpally for the period 1976 to 1978 and the rates vary from Rs. 10/- to Rs. 30/-, Ex. A-4 however is the sale deed which relates only to Bowenpally village and is dated 20-3-1977. Under the said document, an extent of 182 sq. yards was sold for Rs. 3,500/-. The rate works out to Rs. 19/- per sq. yard. S. No. of the land concerned is 91. The Court below deducted about 50% towards roads and development charges having regard to the fact that the document Ex. A-4 was in respect of a very small extent of land. The Court below then arrived at a marginal rate of Rs. 10/- per sq. yard. So far as the claimants are concerned, they had relied upon Ex. A-2 dated 1-12-1976 under which 400 sq. yards were sold at the rate of Rs. 20/- per sq. yard in Balanagar; Ex. A-3 dated 9-12-1977 under which 200 sq. yards were sold for Rs. 25/- per sq. yard again at Balanagar; Ex. A-5 dated 25-1-78 under which 100 sq. yards were sold at the rate of Rs. 30/- per sq. yard in Ferozguda; Ex. A-6 dated 3-2-76 under which 711 sq. yards were sold at the rate of Rs. 25/- per sq. yard in Balanagar; and Ex. A-7 dated 25-9-1978 under which 240 sq. yards were sold at the rate of Rs. 29/- per sq, yard in Ferozguda.