SPL DEPUTY COLLECTOR Vs. M V GURUVAIAH

JUDGEMENT

(1.) this batch of appeals filed under Section 54 of the land acquisition act 1894 (hereinafter refeircd to as 'the act') and the cross- objections in the respective appeals arise out of a common award dated 19-4-1999 passed in la.op.165 of 1997 and batch by the senior civil judge, atmakur answering the reference petitions filed under Section 18 of the act against award No. 1/91-92 dated 13-11-1991 passed by the special deputy collector, (la), srbc, nandyal, determining the amount of compensation payable to various claimants for the acquired land situated in cherlopalli village in the revenue mandal of owk, kurnool district.

(2.) on 9-2-1990 a requisition was sent by the executive engineer, Srisailam right bank canal division No.3, owk to acquire land "for burrow area for formation of embankment for improvements to thimmaraju tank bund. On 2-5-1990 requisitioned lands \vere measured and subdivision record was prepared. Notification under Section 4(1) of the act was published on 3-12-1990 expressing the intention to acquire ac. 135.85 cts. Of land situated in cherolopalli village, owk mandal, kurnool district. While the process of making the award by the special deputy collector (la) was in progress, possession of the land was taken over on 31-3-1991. The lao made his award No. 1/91-92 on 13-11-1991 offering compensation to claimants. He classified the lands as (i) dry lands, (ii) irrigable dry lands and (iii) wet lands and accordingly offered compensation at the rate of rs.8,000/-, rs.12,000/- and Rs. 16,000/- per acre respectively. Dissatisfied with the amount of compensation offered, claimants sought references for determination of the amount of compensation. Reference court by the impugned award enhanced the amount of compensation holding the claimants to be entitled to compensation at the rate of rs.16,000/-, rs.24,000/- and rs.32,000/- per acre respectively for the three categories of lands. Feeling aggrieved by the impugned awards passed by the reference court, the present appeals have been preferred by the government on the ground that the award of the reference court is excessive. In some of the appeals, claimants have filed cross-objections seeking further enhancement in the amount of compensation.

(3.) the reference court treated op No. 163 of 1997 as the lead case. Claimants examined three witnesses and placed reliance upon two sale transactions proved and marked as exs.a1 and a.2 land acquisition officer appeared as r.w. 1 to support his award and also proved three awards viz., award NOS.1/91-92, 4/1997-98 and 13/92-93 as exs.b.l, b.2 and b.3 dated 13-11-1991, 26-3-1998 and 6-3-1993 respectively, the reference court discarded the evidence relied upon by the lao and placed reliance upon the two sale transactions exs.a.l and a.2 relied upon by the claimants and thus enhanced the amount of compensation.