CROSS OBJECTIONS LAND ACQUISITION OFFICER REVENUE DIVISIONAL OFFICER NARAYANPET MAHABUBNAGAR DISTRICT Vs. PARVATHAMMA DIED

JUDGEMENT

(1.) This appeal is filed by the Land Acquisition Officer challenging the order passed by the Reference Court, learned Senior Civil Judge, Narayanpet, Mahabubnagar District in O.P.No.2 of 1999.

(2.) An extent of 10 acres situate in Sy.No.20 of Kodangal village was acquired for establishing market yard. Section 4(1) notification was issued on 15-5-1990. The Land Acquisition Officer, Narayanpet, passed Award on 11-9-1999. The Land Acquisition Officer fixed the market value of the acquired land at Rs.29,700/- per acre. On a reference having been made at the instance of the claimants, the Reference Court arrived at the market value at Rs.72/- per sq.yard and after deducting 40% fixed the market value at Rs.43/- per sq. yard by an order dated 16-2-2000 passed in O.P.No.2 of 1999. The said order is challenged by the Land Acquisition Officer in this Appeal. The market yard for whose benefit the land was acquired is also impleaded as a party in this Appeal.

(3.) The learned Government Pleader appearing for the appellant submits that the award of Rs.43/- per sq.yard in respect of acquired land is highly excessive and exorbitant. He submits that the Land Acquisition Officer has fixed the compensation appropriately basing on Ex.B 1, but the learned Reference Court without taking into consideration Ex.B 1 has erroneously relied on Ex.A3 and fixed the value of Rs.72/- per sq.yard and thereafter deducted 40% towards developmental charges. The said procedure adopted by the Reference Court is illegal and contrary to law. The learned Counsel would also submit that the lands covered by Ex.A-3 are small bits and the deduction of 40% itself is on a very low side. The deduction ought to have been made on a higher side.