SURYAPRAKASA RAO Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The admitted facts are: The land of the petitioners comprising about Ac. 6-60 cents forming part of Ac. 17-15 cents was acquired under Section 4 (1) notification, dated 9-1-1976 of the LAND ACQUISITION ACT, 1894. Possession of the land was also taken over on 28-1-1976 and the same was handed over to the A.P.S.R.T.C. for which the land was acquired and the constructions later were also effected. Various writ petitions including contempt case in this behalf were filed as there was lot of delay in finalising the award. Therefore a direction was given in contempt case No. 45/83 on 26-12-1983 to finalise the award within six weeks. Then the award 6/84 was finalised wherein the value of the land in question was determined at the value which is laid down in the Urban Land Ceiling Act treating the same analogous to the lands that would be taken possession of in case the same are found to be in excess and surrendered to the Government under the said Urban Ceiling Act, and not in accordance with the principles laid down under the LAND ACQUISITION ACT, 1894. The Land Acquisition Officer in his award held.

(2.) The contention of the learned counsel that the impugned award is in contravention of the statutory provisions and also has been passed out of sheer vindictiveness as a contempt case was filed against the said officer in deliberately delaying the matters. The counter-contentions of the learned Government pleader based on the averments made in paragraph 6 of the counter and relying upon a decision of the Supreme Court in Ambalal vs. Ahmedbad Municipality wherein it was held :

(3.) In the result, the writ petition is allowed. No costs. Advocate's Fee Rs. 100/-.