REVENUE DIVISIONAL OFFICER Vs. MANOHAR READY

JUDGEMENT

(1.) A.S.No.1228/81 was filed by the claimant aggrieved by the order and decree dated 2-1-1980 passed by the Subordinate Judge, Mahabubnagar in OP. No.691/77. Likewise, L.P. A.184/88 was preferred by the State aggrieved by the Judgment of a single Judge of this Court in A.S. No.482/80 dated 12-8-87 arising out of the order and decree dated 2-1-1980 passed by the Subordinate judge, Mahabubnagar in O.P.No.691/77. Since both the matters arise out of the same order in O.P.691/77, they are being disposed of together.

(2.) The Land Acquisition Officer awarded a sum of Rs.3/- per square yard. On reference the Civil Court passed an order enhancing the same to Rs.20/- per square yard. Against that, the claimant filed the Appeal 1228/81. Government also filed A.S. 482/80 which came up before our learned brother K. Ramaswamy, J. as he then was, and he allowed the appeal to the extent of deducting 1/3rd out of Rs.20/-, for developmental activities i.e., for providing roads, draingage, park etc. The State on behalf of A.P. State Road Transport Corporation for whose benefit, the land has been acquired filed L.P.A.No.184/88.

(3.) Originally, the land measuring five acres covered by S.No.21 of Faruknagar (Shadnagar) was sought to be acquired for the purpose of construction of a bus-stand by the A.P.S.R.T.C. at Shadnagar. The Executive Engineer, A.P. State Road Transport Corporation, Hyderabad sent a requisition to the Government by means of a letter dated 18-5-1974 requesting to acquire the land to an extent of Ac.5.00 out of S.No.201 situate at Shadnagar. That means, by May, 1974 itself a preliminary survey has been conducted by the A.P. State Road Transport Corporation and having chosen this particular spot, they asked the Government to acquire the same. Therefore, it cannot be said that the claimants have no knowledge about the steps that were taken by the A.P. State Road Transport Corporation for acquisition of the land. Now, the fact remains that by 18-5-1974 itself, it is made known that the said site is being acquired for A.P.S.R.T.C. 'Because of the present trend of bringing into existence all sorts of documents evidencing sale of small extents for the sole purpose of claiming higher amounts of compensation, this Court feels that it is desirable to take into account the date of the probable knowledge that is being given to the claimant and the date of Section4(l)notification. The date of 4(1) notification is 27-11-75. Where the rate of small extents of land shown in the sale deeds is abnormally high than the previous sale transactions in that locality immediately after requisition and before the publication under Sec.4 of the Land Acquisition Act, it is desirable to eschew those sale deeds from consideration. Sale deeds for small extents of land for higher considerations have to be considered with great care and caution, as the possibility of bringing up of such documents into existence to boost up the price with a view to help the claimants also cannot be ruled out. Apart from these documents, the post notification sales and pre-notification sales also have to be taken into account, for grant of compensation as laid down under Section 23 of Land Acquisition Act.