SARATHI Vs. LAO, DY COLLECTOR

JUDGEMENT

(1.) THIS appeal is filed under Section 54 of the Land Acquisition Act, 1894 (for short "the Act") by the claimant in O.P.No.530 of 1991 on the file of the First Senior Civil Judge, City Civil Court, Hyderabad, aggrieved by the order and decree dated 01.10.2001, by which the aforesaid O.P., referred under Section 18 of the Act is dismissed, confirming the market value of the acquired land as fixed by the Land Acquisition Officer in his award.

(2.) THE General Manger, Telecommunication District (Planning Branch) Suryalok Complex, Hyderabad, had sent requisition for acquisition of land admeasuring 15,938 sq. yards equivalent to 13,326 sq. mtrs., covered by T.S.No.3/1/2 and 3/2/2, Block 'K' Ward No.6, situated at Ameerpet locality of yellareddyguda village of Golconda Mandal, Hyderabad for the purpose of construction of Telephone Exchange and support services. Draft notification was published under Section 4(1) of the Act in Andhra Pradesh Gazette, Hyderabad No.11 dated 15.03.1989 and declaration under Section 6 of the Act was published on 08.12.1989. In the award -enquiry after issuing necessary notices under Section 9(1) and 10 of the Act, the Land Acquisition Officer has obtained the particulars of sale transactions from 15.03.1986 to 15.03.1989. He has taken the value of the land covered at Sl.No.10 in the award dated 01.10.1988 relating to Plot No.6 in Sy.Nos.124 and 125 of Yellareddyguda village, under which 100 sq. yards of land was sold for a consideration of Rs.40,000/ -. Accordingly, he fixed market value of the land acquired at Rs.400/ - per sq. yard as against the claim of the appellant -claimant at Rs.2000/ - per sq. yard, by deducting 1/3 rd area out of the acquired land, towards development. Not satisfied with the market value of Rs.400/ - per sq. yard, as fixed by the Land Acquisition Officer, at the request of the appellant -claimant, the matter was referred to the civil court under Section 18(1) of the Act and numbered as O.P.No.530 of 1991.

(3.) BEFORE the civil court, on behalf of the appellant -claimant, P.Ws.1 and 2 were examined and Exs.A.1 to A.4 were marked. The respondent Spl. Deputy Collector, Land Acquisition (General) was examined as R.W.1 and Exs.B.1 to B.4 were marked on his behalf.