STATE OF ANDHRA PRADESH Vs. VENKATESWARA RAO

JUDGEMENT

(1.) The State of Andhra Pradesh represented by the Land Acquisition Officer (Revenue Divisional Officer), Kamareddy, is the appellant in this batch of appeals. They arise out of land acquisition proceedings. The notification in question in respect of the lands acquired was made on 20-4-1972. They are sub-divisions of survey No. 778 measuring 11 Acres, 15 Guntas. The said lands were acquired for constructing the Bus-Depot, Bus-Stand, and Staff-Quarters at Kamareddy town. Under Ex. A-1, dated 20-1-1976, the Land Acquisition Officer awarded compensation at Rs. 6,000/- per Acre. The claimants contended that the lands are potential for house-sites; that, the assessment of compensation treating them as agricultural lands is incorrect and that, the correct value should be Rs 21/-per sq. yard. On a reference on these issues, the court below granted compensation at Rs. 13/- per sq. yard.

(2.) In these appeals, the learned Counsel for the State urged that the Court below committed a mistake in accepting the claim of the owners of the lands that the lands are fit for house-sites. In fact, even though some evidence was produced in support of the claim that permission was granted by the then Panchayat Samithi, Kamareddy, for construction of house no houses were constructed, and the assumption of the Court below that these lands are fit for house-sites, is incorrect. We are not persuaded to accept this submission, in view of the overwhelming evidence in support of the claim of the owners of the property, which has been accepted by the Court below. Under Ex. B 1, saledeed dated 16-8 - 1971, land of an extent of 400 Sq yards was sold for Rs. 5,000/-. The value mentioned therein works out to Rs. 12 50 ps per sq yard. R.W. 1 was examined to show the genuineness of this transaction. Under Ex. B-10 dated 29-10-1969 an extent of 533 sq. yards was sold at Rs. 8,000/- That works cut to Rs 15/- per sq. yard. Under Ex. B-2. the saledeed dated 3-9-1971, an extent of 266 Sq. yards was sold at Rs 5,000/- which works out to Rs. 18 80 per. sq. yard. R.Ws-2 and 4 were examined in support of this transaction. Further, the claimants had examined the Village Patwari. RW-6 and also examined R.W -5 in support of their claim. Ex B 3 is the certificate issued by the Gram Panchayat, to the effect that the said land is included in the Master Plan. This is also an important piece of evidence Further, Exs. B 11, B-13and B-15 are permissions granted to some other residents to construct houses. These permfssions were granted by the local Gram Panchayat. Ex B-12 is the plan which clearly shows that this land is situated on the National Highway, Hyderabad-Nagpur. There is also evidence to show that nearby there is a college. The evidence further discloses that in respect of the lands adjacent to the land acquired, betterment charges were paid, and hence the land in question is fit for construction of houses. In view of this it cannot be disputed that the potentoial value of house- sites must be taken into account. The Court below was right in accepting the claim of the owners of the land that the assessment of compensation must be on the basis of potential value of house sites, but not treating them as mere agricultural lands. We have perusedthe oral evidence in this case and the various transactions are not challenged by the State as being faked up, or brought up for the purpose of these proceedings. Hence, the findinings arrived at by the Court below, in fixing the market value of the lands in question are clearly sustainable and borne out by the evidenca on record. We see no infirmity in the decrees awarding compensation to these claimants.

(3.) In the rusult, the appeals fail and are dismissed. We make no order as to costs.