L A O Vs. CH S PRABHAKARAM

JUDGEMENT

(1.) The Government have preferred this, appeal against the award of compensation at Rs.40,000/- per acre for the area of 79 cents, in R.S. No. 459 / 3A and 24 cents in R.S,No. 459 / 4B of Gunupudi (v) in West Godavari district.

(2.) It is stated that in cluding the lend concerned with this appeal, a ot talextent of Ac.4-36 cents belonging to two - other claimants was also acquired under the same notification issued under Section 4(1) of the Land Acquisitipn Act on 28-7-1976. By award dt. 31-8-76 the Land Acquisition Officer has awarded compensation at Rs.5,660/- per acre for the land and at Rs.3,500/- for the tree situated in R.S.No.459/3A.

(3.) Challenging that compensation, the appellant here in sought a reference under Section 13 of the Land Acquisition Act. The learned Subordinate Judge relying upon the evidence of P.W. 2 to the effect that the acquired land is lower in level that the road by' three feet and that the acquiredland requires a lot of amount for levelling the road upto the road level, awarded compensation of Rs,40,000/- per acre.