LAND ACQUISITION OFFICER AND SPECIAL DEPUTY COLLECTOR REHABILITATION CUM LAND ACQUISITION UNIT S R S P POCHAMPAD Vs. MUNPALLI POSHETTYAND

JUDGEMENT

(1.) An extent of Ac.125-21 guntas in Binola Village, Nandipet Mandal, Nizamabad District has been acquired in connection with Sriramsagar Reservoir. Gazette notification under Section 4(1) of the Land Acquisition Act (hereinafter referred to as 'the Act') was published on 11-5-1988. Possession of the acquired land was taken on 18-2-1977 and 23-4-1977. There are as many as 18 claimants.

(2.) The Land Acquisition Officer by his award dated 12-12-1988 has awarded compensation of Rs.3,000/- per acre for dry land and Rs.7,500/- per acre for wet land together with interest and other consequential benefits. On reference being made to the Civil Court under Section 18 of the Act, the learned Additional District Judge, Nizamabad, on a consideration of the oral and documentary evidence adduced before him, has enhanced the compensation to Rs.17,000/- per acre for dry land and Rs.19,000/- per acre for wet land. He has also granted the additional benefits under Act 68 of 1984.

(3.) Challenging the enhancement, the Land Acquisition Officer has preferred this appeal. The claimants have preferred cross-objections claiming Rs.2,500/ - per acre more than what was awarded by the learned Additional District Judge. We heard the arguments of both the learned Counsel in the appeal and the cross-objections. The learned Additional District Judge mainly considered three documents and rejected Exs.A-7 and A-9 and placed reliance on Ex.A-8. All the above three documents are awards pertaining to the lands at Donkeswar, Yamcha and Mupkal villages. The learned Additional District Judge rejected Ex. A-9 on the ground that the land covered by Ex. A-9 is situated in a different village which is at a distance of 10 to 12 kilometres by walk and 40 kilometres by bus and situated in a different Mandal of Balkonda. The learned Additional District Judge observed that there are many villages in between Mupkal and Binola and they are not adjacent villages. He, therefore, rightly held that the market value awarded under Ex.A-9 award cannot be taken into consideration for fixing the market value of the acquired lands.