POTHUGANTI KOMURAIAH Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The appeal, though numbered in the year 2013, was, in fact, presented way back in the year 2001. On account of minor procedural lapses, it could not be numbered, and with the consent of the parties, it is taken up for hearing, at this stage. A notification, under Section 4(1) of the Land Acquisition Act, 1894 (for short the Act') was published on 16.07.1994 by the Government of Andhra Pradesh, for acquisition of Acs. 58.14 guntas of land, owned by the appellants herein (except 28 1/2 guntas) in three different villages, namely, Thirumalayapally, Kailapur and Nawabpet of Chityal Mandal, Warangal District, for the purpose of excavation of Branch Canals of Sri Ram Sagar Project. The Land Acquisition Officer, the respondent herein, passed an award, dated 10.05.1995, by fixing the market value for the acquired land at the rate of Rs. 30,000/- per acre. The appellants received the compensation under protest and sought for reference. The respondent accepted the request of the appellants and referred the matter to a Civil Court. The reference was taken up as O.P. No. 12 of 1996 by the Court of Principal Senior Civil Judge, Warangal. Through its order, dated 05.12.2000, the trial Court enhanced the compensation to Rs. 40,000/- per ate. Not satisfied with that, the appellants have approached this Court, under Section 54 of the Act.

(2.) Sri Parsa Anantha Nageswara Rao, learned counsel for the appellants, submits that there was clinching documentary evidence before the trial Court, in relation to the land covered by O.P. No. 63 of 1986 within the same locality, and still, the same was not taken note of. He contends that through notification, dated 25.02.1983, the Government acquired land in Chityal Mandal for the purpose of providing house sites, and the market value for the land fixed by the Land Acquisition Officer at Rs. 10.000/- per acre was enhanced to Rs. 12,000/- per acre by the trial Court. He further submits that this Court in A.S. No. 1560 of 1989 enhanced the same to Rs. 90,000/- per acre, but in a Civil Appeal filed by the Government, the Supreme Court reduced it to Rs. 60,000/- per acre. He contends that when, in respect of the land in the immediate neighbourhood acquired in the year 1983, the market value was fixed at Rs. 60,000/- per acre, there was, absolutely, no basis for restricting the compensation to Rs. 40,000/- per acre, in respect of the lands of the appellants, acquired 10 years later.

(3.) The learned Government Pleader for appeals, on the other hand, submits that the only document, which has relevance for acquisition, was Ex. A.1, dated 16.07.1994, and since it was executed on the same date, on which the notification, under Section 4(1) of the Act, was published, the trial Court has correctly fixed the compensation at Rs. 40,000/- per acre. He contends that the lands covered by the OP No. 63 of 1986 were situated in different villages and were acquired for the purpose of providing house sites, and there cannot be any comparison between the two.