L A O R Vs. M NARAYANA

JUDGEMENT

(1.) Appeal No. 3401/92, 863/92, 91/93, 165/93, 394/93, 402/93, 602/93,940/93 and 775/93 arise out of a common order passed in O.P.Nos. 33/88, 42/88, 44/88, 1/89, 7/89, 13/89, 5/89, 35/88 and 38/88 by the learned Subordinate Judge, Nagarkurnool on 11-9-1989. Similarly, Appeal Nos.1282/92,2239/92,68/93,73/93,93/93,167/93 and 887/93ariseoutof the common order passed in O.P.Nos. 39/88,32/88 40/88,4/89,36/88,41/88 and 9/89 by the learned Subordinate Judge, Nagarkurnool dated 13-9-1989.

(2.) The subject matter in all these appeals is lands acquired for the purpose of restoration of Sunkari Kunta Tank. All these lands are situated in Madhavanpally village of Amrad Mandal of Mahaboobnagar District. These lands were acquired through a common notification under Section 4(1) of the Land Acquisition Act (For short "the Act") which was published in the A.P. Gazette Part-I Extraordinary No. 65, dated 9-2-1984 at pages 12 and 13 dispensing enquiry under Section 5-A of the Act. Since these lands are from the same village and are governed by one and the same notification, two sets of O.Ps. were disposed of on 11-9-89 and 13-9-89 by the Subordinate Judge, Nagarkumool. As the entire evidence in these O.Ps. is common and they were disposed of by a common order, these appeals are also being disposed of by this common order.

(3.) These lands are situated in Agency track of Mahaboobnagar district and as such no registered sale deeds were available before the Land Acquisition Officer for three preceding years. The Land Acquisition Officer, therefore, in the absence of the registered sale deeds, has proceeded to award compensation by adopting capitalisation method. The Land Acquisition Officer has classified these lands into dry lands and wet lands only and awarded Rs. 4,000/- per acre to the dry lands and Rs. 6,000/- per acre to the wet lands. For the purpose of awarding compensation, the L. A.O. has taken the crop yield on the lands. The L.A.O. felt that the land yield could be 4 quintals of Jawar per acre and valued the same at Rs. 130/- per quintal thereby fixing the total value of the yield at Rs.500/-. He has deducted 50% from out of the said amount on account of expenditure and further held that the net income per acre on the land yield is Rs. 260/-. While applying 16 as multiplier, the L.A.O. though felt that the income could be Rs. 4,200/- yet fixed the rate at Rs. 4,000/- per acre in respect of dry lands.