LAND ACQUISITION OFFICER Vs. GOURAMMA

JUDGEMENT

(1.) An extent of Ac. 1-35 guntas with a well covered by Survey No, 24 / 2 in Pargi Town, Rangareddy District, was sought to be acquired by the Government for providing house sites to the Weaker Sections. Notification under Sec. 4(1) of the Land Acquisition Act was made on August 28, 1989 i.e., subsequently after filing of the writ petition. Award of the Land Acquisition Officer was passed on May 25, 1990. In this case, possession of the land was taken on June 5, 1986. The Land Acquisition Officer fixed compensation of the land at Rs.7,500/- per acre and for the well, the compensation was fixed at Rs.5,000 /-. The claimant sought enhancement of compensation at the rate of Rs.350/- per square yard for the land and for well at Rs.50,000/-. The Land Acquisition Officer taking into account the statastics collected or furnished before him, fixed compensation at Rs.7,500/- per acre and the well at Rs.5,000/-. Dissatisfied with the above compensation, both for the land as well as the well, the claimant sought to refer the matter to Civil Court under Section 18 of the Act.

(2.) In support of his claim for enhanced compensation, the claimant examined P.Ws.l to 4 and got marked Exs.A-1 to A-7. On behalf of the Land Acquisition Officer, a Senior Assistant working in the Mandal Revenue Office, Pargi was examined as R.W.1. Through R.W.1, award proceeding was marked as Ex.B-1. The learned Subordinate Judge after taking into consideration the awards which have become final by means of High Court Judgments and the oral evidence, came to the conclusion that awarding compensation at the rate of Rs.36/- per squareyard (net) would be the reasonable compensation and for the well at Rs. 18,000/-. Dissatisfied with the amount of compensation awarded by the Civil Court, the State Government preferred Appeal Suit No. 2030 of 1992. The claimant has also filed Appeal Suit No. 2,597 of 1992 claiming compensation at the rate of Rs.45/- per square yard.

(3.) The question for consideration in both the Appeals is, whether the quantum of compensation awarded by the Civil Court is on the high side, or the claimant is entitled to claim compensation at the rate of Rs.45/- per square yard?