S SURYA RAO Vs. L A O

JUDGEMENT

(1.) This is an appeal preferred by the claimant against the judgment of the II Additional District Judge, East Godavari at Rajahmundry dated 11-9-1987 passed in O.P.No.596 of 1985.

(2.) An extent of Ac.6-39 cents of dry land, situate in R.S.No.22 of Kattumilli village of Yellavaram taluk was acquired for formation of Y.R. Project. The said land is situate in an agency area. Section 4(1) notification was published in the A.P. Gazette on 27-12-1980. The Land Acquisition Officer after taking into consideration the potentiality of the land and other relevant features, fixed the market value of the land at Rs.3,000/- per acre, having been dissatisfied with the amount of compensation awarded by the Land Acquisition Officer, the matter was referred to the lower court under Section 18 of the Land Acquisition Act, at the instance of the claimant. The matter came up before the learned II Addl. District Judge, Rajahmundry. P.Ws.l to 4 were examined and Exs. A-l and A-2 were got marked on behalf of the claimant in the lower court while on behalf of the referring officer R.Ws.l and 2 were examined and Exs.B-1 to B-6 were marked. Exs. X-1 to X-3 were also marked by the Court. Ultimately the learned Judge after taking into consideration the entire material on record fixed the market value of the land at Rs.7,000/- per acre. He has also granted Rs.2,000/- for the well in the acquired land. Having been aggrieved by the said order of the learned Additional District Judge, the claimant has preferred this appeal. Even though the appellant has claimed the market value at the rate of Rs.25,000/- per acre in the lower court, he has restricted it to Rs. 13,500/- per acre and claimed a total compensation of Rs.86,265/-.

(3.) It is contended by the learned counsel for the appellant that in an agency area there would not be any sale deeds as sale transactions are prohibited in an agency area and so the sale deeds Exs. A-l and A-2, which are in respect of lands situate at a distance of only two kilometres away, ought to have been taken into consideration by the lower court for fixing up the compensation.