AMBATI RAMAIAH Vs. REVENUE DIVISIONAL OFFICER, GUNTUR

JUDGEMENT

(1.) These two appeals arise out of O.P. No. 461 of 1985 on the file of the Court of the Principal Subordinate Judge, Guntur, dated 30.6.1989 by which the learned Subordinate Judge confirmed the market value of the land acquired at Rs. 50,000.00 per acre as fixed by the Land Acquisition Officer, Guntur, in his Award No. 5/85 dated 1.10.1985 as against the claim of Rs. 9,68,000.00 per acre. The claimants are the appellants herein.

(2.) A total extent of Ac. 2-60 cents comprising of Ac. 1-22 cents covered by S. No. 164/2A belonging to one M.S. Narayanacharyulu, a retired District Judge and Ac. 1-38 cents covered by S. No. 165/3A2 belonging to Vasireddy Bharatha Rao, situate in Koritipadu village of Guntur Mandal, was sought to be acquired for the purpose of construction of water works reservoir by the Guntur Municipality. Both these Survey Numbers are abutting Guntur- Amaravathi road on one side and by a Donka on the other side separated by S. Nos. 159 and 162. Amaravathi road is a main road. The site that is acquired is facing Donka but not the main road. On the other side of Donka, S. No. 159 is situate opposite to S.No. 165 and S. No. 152 is opposite to S. No. 164.

(3.) The Commissioner, Guntur Municipality, Guntur, in his letter No. 30528/81 dated 12.1.1982, sent a requisition to the Revenue Divisional Officer, Guntur, for acquisition of these lands for construction of water works reservoir. In pursuance of that requisition, proceedings have been initiated for the acquisition of the land in question and consequently a Notification under Sec. 4(1) of the Land Acquisition Act was issued which was published in the A.P. Gazette dated 9.9.1982. Possession of the land was taken on 2.3.1983. During the award proceedings Dr. Bharata Rao participated and on behalf of M.S. Narayanacharyulu, Ambati Ramaiah, the appellant in A.S. No. 2880 of 1989 and two others participated on the basis of the statement made by M.S. Narayanacharyulu. One Kollipara Rajeswara Rao also filed an application on the ground that he entered into an agreement dated 11.2.1984 with the said Ambati Ramaiah, Madasu Krishna and Mandalapu Nagaiah, said to be the purchasers of land from M.S. Narayanacharyulu. According to the said Kollipara Rajeswara Rao, these three persons sold away Ac. 1-22 cents of land to him under the agreement dated 11.2.1984. He also filed W.P. No. 3533 of 1983 in the High Court and obtained stay of further proceedings pursuant to the Notification. However, the claim of Kollipara Rajeswara Rao has been rejected and award has been passed in 1985 granting compensation at Rs. 50,000.00 per acre. During the enquiry into the award proceedings, sales statistics numbering 9 have been filed and out of them, six transactions are of April, 1982 in S.No. 159. They are all small extents and the rate was ranging between Rs. 20.00 and Rs. 30.00 per Sq. yard. Two transactions are of May, 1980 in S. No. 187. One is 96 1/2 Sq. Yards at Rs. 26.00 per square yard and another is 257-5/7 Sq. yards at Rs. 25.00 per sq. yard. The other transaction is in June, 1981 in S. No. 187. The extent is 125 square yards at Rs. 30.00 per Sq. yard.