V BHARATA RAO Vs. REVENUE DIVISIONAL OFFICER GUNTUR

JUDGEMENT

(1.) These two appeals arise out of O.PNo.461 of 1985 on the file of the Court of the Principal Subordinate Judge, Guntur, dated 30th June, 1989 by which the learned Subordinate Judge confirmed the market value of the land acquired at Rs.50,000/- per acre as fixed by the Land Acquisition Officer, Guntur, in his award No5/85 dated 1-10-1985 as against the claim of Rs.9,68,000/- 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 SJSFo.l64/2A 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 M.S.Narayanacharyulu. According to the said Kollipara Rajeswara Rao, these three persons sold away 1-22 cents of land to him under the agreement dated 11-2-1984. He also filed W.P.no3533 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 Rs50,000/- 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 a'nd the rate was ranging between Rs.20/- and Rs30/- per sq.yard. Two transactions are of May, 1980 in S.No.187. One is % 1/2 sq.yards at Rs.26/- per square yard and another is 257-5/7 sq.yards at Rs.25/ - per sq.yard. The other transaction is in June, 1981 in S.No.187. The extent is 125 square yards at Rs.30/-per sq.yard.

(3.) The Land Acquisition Officer has also relied upon an earlier award No.23/76 dated 21-9-1976 passed by him in connection with the acquisition of Ac.2-43 cents Is S-No.165/3 of Koritipadu village which is part of the land proposed for acquisition for provision of bouse sites to the persons belonging to Schedule Caste and the market value was fixed at Rs.10,000/- per acre. On reference the Civil Court enhanced the same to Rs.30,000/- per acre in G.P.No.183/78 dated 15-10-1979. As the Civil Court fixed.the Value of the land at Rs.30,000/- per acre in the year 1979, giving a margin, the Land Acquisition Officer awarded Rs.50,000/- per acre to the lands acquired. The matter was referred to the Civil Court under Section 18 of the Land Acquisition Act at the instance of the claimants.