VITTAL Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a claimants' appeal. An extent of Ac.8-22 guntas of dry chelka land comprising of Ac.3-10 Guntas in S.No.29 and Ac.5-12 guntas in S.No.60 situate at Yengandla village of Medak District was acquired for providing house sites to weaker sections by means of a Notification dated 14-3-1985 under Section 4(1) of the Land Acquisition Act. The possession of the land was taken on 20-4-1985. The Land Acquisition Officer awarded compensation on acreage basis at Rs.2,000/- per acre as against the claim of the claimants on square yard basis at Rs.15/- per square yard.

(2.) On reference to the Civil Court, claimant No.2 himself was examined as P.W.I and he also got examined one more witness P.W.2, the vendee under Ex.A-1 which is a sale deed dated 30-1-1984. On behalf of the respondent, no one was examined but Exs.B-1 and B-2 were marked.

(3.) The extent of land sold under Ex.A-1 is 225 Sq. yards for a consideration of Rs.3,000/-. The said land was purchased for the purpose of starting a saw mill. No saw mill was erected even at the time when P.W.2 gave evidence. On a consideration of the evidence on record, the Court below awarded compensation at Rs.4,000/- per acre. Regarding Ex. A-1 the Court below found that it cannot be relied upon as a comparable sale at it is a small extent of land.