MANTHENA RAMANAMMA Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) This S.R. number is given to cross-objections in an appeal proposed to be filed by the Government which has been numbered as S.R. No. 1312 of 1971. This related to land acquisition and arises out of O.P. No. 96 of 1968 on the file of the District Court, Visakhapatnam.

(2.) An extent of Ac. 3-98 cents in survey Nos. 43 and 222 in the village of Dondaparthi in Visakhapatnam Municipal are was sought to be acquired. Section 4 (1) notification was issued on 14-2-1966. The Land Acquisition Officer fixed the market value of this land at 0.78 Ps per square yard. On reference the lower court enhanced it to Rs. 1.00

(3.) The Government attempted to file an appeal against this enhancement and that was S.R. No. 1312 of 1971. But they did not pay full court-fee payable on the memorandum of appeal. Consequently, they filed C.M.. No. 11449/1972 for condoning he delay in payment the deficit court-fees. So far the appeal was not registered. Only notice in the condonation petition was ordered by this Court on 21-12-1972. Long after receiving the notice, the claimant has, presented the memorandum of cross-objections on 15-1-1975 claiming at the rate of Rs. 5 per square yard. The learned Government Pleader did not press C.M.P. No. 11449 of 1972 for condonation of the delay and that petition was rejected by this Court on 3-2-1975.