P RAM REDDY Vs. L A O HUDA

JUDGEMENT

(1.) These two appeals arise out of O.P.No. 129 of 1988 on the file of the Additional Subordinate Judge, Ranga Reddy District, dated 18-4-1991 by which the learned Subordinate Judge enhanced the compensation by Rs. 60/- per square yard over and above the compensation of Rs. 20/- granted by the Land Acquisition Officer, Hyderabad Urban Development Authority, hereinafter referred to, for short, as "HUDA"; in other words, fixing the market value of the land acquired at Rs.80/- per square yard. Having been aggrieved by the enhancement granted by the learned Subordinate Judge, the Land Acquisition Officer, HUDA preferred A.S.No. 2087 of 1991. Claimant has also preferred A.S.No. 1565 of 1991 claiming a total compensation at the rate of Rs. 200/- per square yard.

(2.) As both the appeals arise out of the same judgment, both the appeals are being disposed of by a common judgment.

(3.) In order to appreciate the proper questions of law and fact involved in the matter, it would be necessary to refer to the salient features of the case, which are briefly as follows:- A total extent of Ac.14-35 guntas, situate in Survey No. 161 of Mylardevpalli village and S.No. 48/12,48/13,48/18,48/19,48/24,48/26 and 57 of Katedan village of Rajendranagar Mandal, was sought to be acquired for the purpose of formation of Inner Ring Road from Mylardevpalli-Katedan, old Kurnool Road to join Hyderabad-Bangalore National Highway No 7. Out of the above said lands, the claimant P. Ram Reddy is the owner of Ac.1-25 guntas out of Ac.5-22 guntas in S.No.48/24 and Ac.2-18 guntas out of Ac.4-33 guntas in S.No.48 /26, in all 4 acres 3 guntas, situate at Katendan Village. Accordingly the Hyderabad Urban Development Authority had sent a requisition through letter No. B/9283/83 dated 15-7-1983, followed by another revised requisition through letter No. 9283/83-1, dated 13-8-1984, to the District Collector, Ranga Reddy district. A joint inspection of the lands proposed for acquisition was conducted by the Land Acquisition Officer, HUDA and the Estate Officers, HUDA on 19-7-1984. Thereafter, a notification under Section 4 (1) of the Land Acquisition Act, hereinafter referred to as the "Act", was published in the Andhra Pradesh Gazette on 24-7-1985. It was also published in two local news paper viz., News Time and Eenadu on 1-9-1985 and its substance was published in the locality on 2-9-1985. Thereafter, an enquiry as required under Section 5-A of the Act was conducted after giving reasonable opportunity to the claimant and other affected persons of being heard. Declaration under Section 6 of the Act was published in the Andhra Pradesh Gazette on 4-7-1986. The substance of the declaration under Section 6 was also published in two local news paper, viz., News Time on 20-7-1986 and Udayam on 19-7-1986 and the gist of the said notification was published in the locality on 22-7-1986 and thereafter award enquiry was held by the Land Acquisition Officer, HUDA. After award enquiry, the Land Acquisition Officer passed a common award under Exs.B-1 and B-2 awarding a total compensation of Rs.3,92,100/- to the claimant, calculated at the rate of Rs. 20/- per square yard and also granted 12% additional market value and 30% solatium as per the amended Act of 1984. He deducted 40% towards lay-out losses. The table of calculation made by the Land Acquisition Officer, HUDA, so far as the claim of the present claimant is concerned, is as follows:- <FRM>JUDGEMENT_1_ALT2_1993Html1.htm</FRM> Having been dissatisfied with the quantum of compensation granted by the Land Acquisition Officer, the claimant got the matter referred to the Civil Court under Section 18 of the Act for determination of reasonable market value of the acquired lands.