REVENUE DIVISIONAL OFFICER VIZIANAGARAM Vs. VOMMI APPALASWAMI

JUDGEMENT

(1.) This appeal is against the decision of the District Judge, Visakhapatnam, in O.P. No. 49 of 1960 on the file, which arose out of a reference under S. 18 of the Land Acquisition Act (I of 1894).

(2.) For the purpose of extension of a Dairy Farm at Visakhapatnam, the Government issued a Notification on 16-5-1949 under Section 4(1) of the Land Acquisition Act (hereinafter called the Act), that 7 items of property of a total extent of Ac. 7-70 situated in the village Chinna Gadali will be acquired.

(3.) The procedure under the Act was followed, and the necessary Notifications and notices issued by the Land Acquisition Officer. For the first five items, he awarded compensation at Rs.300 per acre, and in addition 15 per cent solatium. For items 6 and 7, he awarded compensation at Rs. 50 per acre for the land alone, and valued the trees separately. In item 3, there were certain structures belonging to claimants 3 and 4, which were valued at Rs. 4,551, out of which Rs.3,377 to the 4th claimant. The owner of items 6 and 7 accepted the award and did not ask for any reference. Claimants 1 to 6 withdrew the amounts deposited by the Land Acquisition Officer under protest, but asked for a reference in respect of compensation for items 1 to 5 under S. 18 of the Act. They claimed compensation for lant at Rs.2,000 per acre, though they accepted the compensation awarded in respect of the structures.