SPECIAL DEPUTY COLLECTOR Vs. B CHANDRA REDDY

JUDGEMENT

(1.) An extent of Ac. 18.04 guntas of land in S.No. 24/1 situate at Sultanvalka Village, Hyderabad East Taluk, Rangareddy District, has been acquired by means of a Notification dated 27-2-1974 under section4(1) of the Land Acquisition Act ('the Act' for short) for the purpose of Misra Dhatu Nigam Limited a defence establishment of the Central Government. Out of this land an extent of Ac.2.20 guntas is a submerged area and the remaining Ac.15-24 guntas is the other agricultural dry lands. Possession of the land was taken on 11-7-75 and the award was passed on 22-4-1977 by the Land Acquisition Officer. The Land Acquisition Officer awarded Rs.3/- per square yard for non-water logged area i.e., at Rs.14,520/- per acre and at Rs.1,000/- for submerged lands. An amount equivalent to 1/4th was deducted from the total compensation towards development charges. At the instance of the claimants the matter was referred to the Civil Court in two O.Ps under Section 18 of the Act. The Civil Court fixed the compensation at Rs.15/- per square yard for non-water logged area, and at Rs.5,000/- per acre for submerged lands. The Civil Court passed awards separately in two O.Ps. i.e., O.P.Nos.6 and 15 of 1983.

(2.) A.S. No. 927 of 1986 arises out of O.P. No. 6 of 1983 wherein there are 24 claimants. A.S. No. 2156 of 1986 arisesout of O.P. No. 15 of 1983 wherein there are 5 claimants. The claimants in O.P.6 of 1983 claim 4/5th share. Whereas the claimants in O.P.No. 15 of 1983 claim 1/5th share. The Land Acquisition Officer considered the sales of lands in S.Nos.87/3 to 87/17 and 19 situate in Kharmanghat village which were acquired for B.D.L. and other defence establishments where the market rate was fixed at Rs.4/- per sq. yard and on the basis of that fixation he has fixed the compensation at Rs.3/- for non-water logged area in an extent of Ac.15-24 guntas and at Rs.1,000/- for the; submerged area of Ac.2-20 guntas.

(3.) Evidence was let in before the Civil Court in both the O.Ps. In O.P.No.6 of 1983 the claimants have examined P.Ws.1 to 3 and marked Exs. A-1 to A-5. On behalf of the Referring Officer, he himself was examined as R.W.I and marked Exs.B-1 to B-4. In O.P.No.15 of 1986 the claimants have examined P.Ws.1 to 4 and marked Exs.A-1 to A-7. On behalf of the Referring Officer, R.W.I was examined and Exs.B-1 to B 3 were marked.