GOLI VENKATA APPARAO CHOWDARY Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The appellant is the owner of Ac.0-27 cents of land in Sy.No.369-1A of Samalkot village. The same was acquired by the Government for the purpose of excavation of Peddapuram drainage channel under Yeleru Reservoir Project. Notification under Sec.4(1) of the Land Acquisition Act (for short 'the Act') was published on 25.09.1982. The Land Acquisition Officer i.e., respondent herein passed award on 16.12.1983. It was observed that there are 28 coconut trees in the land of the appellant and according to the information gathered by him, the density of the said coconut trees on each acre would be 50 to 60. The value of each tree was assessed at Rs.600/-. However, he awarded compensation at the rate of Rs.500/- per each tree with statutory benefits. No compensation was awarded for the land.

(2.) On a request made by the appellant, the respondent referred the matter to the Court of Principal Senior Civil Judge, Kakinada, under Section 18 of the Act, and the same was taken as O.P.No.293 of 1988. Before the trial Court, CWs.1 to 5 were examined and Exs.A-1 to A-6 were filed on behalf of the appellant. No evidence was adduced by the respondent. However, Exs.X1 and X2 were taken on record. The grievance of the appellant herein before the trial Court was mostly about the denial of compensation for the acquired land. Through its order dt.09.03.1998, the trial Court confirmed the Award and did not order any compensation for the land. Hence the appeal.

(3.) Heard Sri M. Sivananda Kumar, learned counsel for the appellant and the learned Government Pleader for Appeals.