LAWS(APH)-2003-10-31

TAHSILDAR KOVVUR Vs. TADIMALLA KRISHNA MURTHY

Decided On October 15, 2003
TAHSILDAR, KOVVUR (LAND ACQUISITION OFFICER) Appellant
V/S
TADIMALLA KRISHNA MURTHY (DIED) Respondents

JUDGEMENT

(1.) The Tahsildar, Kovvur - the Land Acquisition Officer, had preferred the present Appeal under Section 54 of the Land Acquisition Act, 1894, hereinafter in short referred to as "Act" for the purpose of convenience, aggrieved by the Judgment and decree of the learned Subordinate Judge, Kovvur made in O.P.No.59/84 dated 12-10-1992.

(2.) The Appeal was dismissed for default as against respondents 3, 4 6, 10, 11 and 12. It may also be noticed that O.P.No.59/84 on the file of Subordinate Judge, Kovvur was on a reference under Section 18 of the Act.

(3.) An extent of Acs.13-84 cents in R.S.No.38/1A in Tadimalla village was acquired for the purpose of providing house sites to Scheduled Castes and Backward Classes. The notification under Section 4(1) of the Act was published on 8-9-1982 and possession of the land was taken on 7-11-1982 and award No.2/84 was made on 7-2-1984. The compensation of the land acquired was fixed @ Rs.10,000.00 per acre and the respondents/claimants had claimed compensation @ Rs.30,000.00 per acre. On behalf of the respondents/claimants, P.W.1 to P.W.3 were examined and Ex.A-1 was marked. On behalf of the Government, R.W.1 was examined and Exs.B-1 to B-3 were marked. The learned Subordinate Judge, Kovvur, on appreciation of the oral and documentary evidence i.e., P.W.1 to P.W.3, R.W.1, Ex.A-1 and Ex.B-1 to B-3, ultimately had arrived at the conclusion that the fixation of compensation @ Rs.20,000.00 per acre for ail the lands acquired under the reference would be just and reasonable. Aggrieved by the same, the appellant- Tahsildar, Kovvur (Land Acquisition Officer) had preferred the present appeal.