P.T.RAMANUJACHARYULU Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) For the purpose of establishing an Industrial Development Area near Nellore Town, the Government acquired about 150 acres of land of Kakutur Revenue Village, Venkatachalam Mandal. A notification under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act') was published, on 15.12.1990. An extent of Acs.30.92 cents of land, owned by the appellants herein, was also notified. In the award enquiry before the respondent, the appellant claimed compensation @ Rs.100/-, per square yard. However, award was passed on 23.04.1991, fixing the market value for the land of the appellants @ Rs.72,600/- , per acre. The appellants submitted a representation under Section 18 of the Act, seeking reference to civil Court. Their request was acceded to and the reference made to the Court of Senior Civil Judge, Nellore, was taken up as O.P.No.107 of 1992. Through order, dated 20.06.2000, the trial Court confirmed the award and did not order any enhancement. Hence, this appeal under Section 54 of the Act.

(2.) Sri P.Kamalakar, learned counsel for the appellants, submits that cogent and consistent oral and documentary evidence was placed before the trial Court, which warranted enhancement in the market value and that the trial Court was not at all justified in confirming the award. He contends that Exs.A.1 and A.2 were contemporaneous documents and though they were in relation to smaller extents, were certainly relevant in the matter of fixing the just and proper market value. He places reliance upon the judgment of the Supreme Court in Trishala Jain v. State of Uttaranchal, 2011 6 SCC 47.

(3.) Learned Advocate General, on the other hand, submits that the respondent has taken into account, the sale statistics in the area and has determined the market value @ Rs.72,600/-, per acre. He contends that Exs.A.1 and A.2 filed by the appellants were in respect of plots, too meagre, in size, and by any standard, they could not have been taken into account, for determining the market value for an area of about 150 acres, or at least, for 30 acres, acquired from the appellants.