TAHSILDAR L A O Vs. V VENKATAPPA RAO

JUDGEMENT

(1.) This is an appeal directed, at the instance of the State, against the judgment and decree of the Subordinate Judge, Suryapet dated 13th February, 1985, passed in O.P. 86 of 1984, on his file, enhancing the rate of compensation from Rs. 13,000/- per acre to Rs. 50,000/- per acre.

(2.) In the year 1981 the Harijans of Ramapuram, hamlet of Neredcherla village have applied to the Block Development Officer, Huzurnagar for allotment of house sites on the ground that the present Harijan chery is congested one and it is unhygenic. As per the guidelines communicated by the Collector (S.W), Nalgonda, the list of beneficiaries has been prepared after conducting door to door enquiry in Neredcherla village. The total number of beneficiaries finally selected are 77 Scheduled Castes and 30 Backward community members, making a total of 107. According to the list of beneficiaries, the total extent of land required for house sites is worked out at Ac. 8-22 guntas or AC. 8-55 cents. Accordingly steps have been taken for acquisition of Ac. 8-22 guntas of land situate in Survey Nos. 358/Aa (Telugu letter) and 358/Yi (Telugu letter) A draft notification under Section 4(1) of the Land Acquisition Act was published in the Official Gazette on 9-7-1981. The substance of the notification was also got published on 18-8-1981 in a public place and also announcement was done by beat of tom-tom and the possession of the land was taken over on 27-8-1981 .The Land Acquisition Officer awarded compensation calculated at the rate of Rs. 13,000/- per acre, by his award dated 21-5-1983. On a reference made by the dissatisfied claimants, the learned Subordinate Judge, Suryapeta took the matter on file as O.P. No. 86 of 1984 on his file. Seven witnesses were examined on behalf of the claimants and Exs.A-1 to A-3 were marked" in support of their case for enhancement of the compensation. On behalf of the referring officer Exs. B-1 and B-2 were marked. After considering the respective contentions and the evidence adduced on both sides and after following the principles laid down in Bangaru Narasimha Rao vs. R.D.O., Vizianagaram the learned Subordinate Judge came to the conclusion that the claimants are entitled to compensation calculated at the rate of Rs. 50,000/-per acre. The learned Subordinate Judge granted the entire amount claimed by the claimants before the Land Acquisition Officer, without making any deduction in the total compensation. Having been aggrieved by the said judgment of the learned Subordinate Judge, the present appeal has been preferred by the State.

(3.) It is contended by the learned Government Pleader appearing on behalf of the appellant that Exs. A. 1 and A.2 sale deeds relate to very small extents of land, viz., in respect of Ac. 0-04 guntas or Ac. 0-05 guntas and that they could never form basis for fixing compensation for larger extents of land. According to the learned Government Pleader, the Land Acquisition Officer took into account the sale extracts produced before him and the potentiality of the land and fixed the rate of compensation at Rs. 13,000/- per acre which is just and reasonable.