SPECIAL DEPUTY COLLECOTR, VISAKHAPATNAM Vs. PALLA APPARAO

JUDGEMENT

(1.) The appellant is an Urban Development Authority for Visakhapatnam constituted under the A.P. Urban Areas Development Act, 1975. As part of its activities, it has acquired land in and around Visakhapatnam City for different purposes. One such acquisition was of an extent of Ac.6.75 cents in Survey No.49 of Maddilapalem, owned by the respondents. The acquisition was for the purpose of a housing scheme. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act') was published on 24.12.1970. May be on account of the pendency of the proceedings assailing acquisition, there was delay in passing the award. It was only on 26.12.1979, that the Land Acquisition Officer passed award fixing the market value of the acquired land at Rs.6.35 paise, per square yard.

(2.) Not satisfied with the market value fixed by the Land Acquisition Officer, the respondents filed an application under Section 18 of the Act, seeking reference. Their request was acceded to and the matter was referred to the Court of II Additional Senior Civil Judge, Visakhapatnam, and it was taken up as O.P.No.263 of 1980. Through its order, dated 07.07.1987, the trial Court enhanced the market value to Rs.10.45 paise, per square yard. The benefits under Section 23(1-A) of the Act and other relevant provisions introduced to the Land Acquisition Amendment Act 68 of 1984 (for short 'Act 68 of 1984'), were also extended.

(3.) In its capacity as beneficiary of the acquired land, the appellant filed A.S.No.2843 of 1989 before this Court. The learned Single Judge of this Court partly allowed the appeal setting aside that portion of the order passed by the trial Court, through which, some of the benefits under the amended Act were extended to the respondents. However, the market value fixed by the trial Court was confirmed. Not satisfied with the outcome of the appeal, the appellant has filed this Letters Patent Appeal.