IDL CHEMICALS LTD Vs. V V RAMAN

JUDGEMENT

(1.) 1. A.S. Nos. 1403, 1404 and 1405 of 1985 are preferred by the I.D.L. Chemicals Ltd., Hyderabad, for whose benefit the land concerned herein was acquired by the State Government under the provisions of the Land Acquisition Act, 1894. A.S. 1582/85 is preferred by one of the claimants asking tor enhancement of compensation. The claimants-respondents in A.S. No. 1403/85 have filed cross-objections asking for more compensation. No appeal was preferred by the State against the judgment of the Civil Court enhancing the compensation. However, in the appeals preferred by the I.D.L. Chemicals Ltd., C.M.P, Nos. 13840, 13841, and 13842 of 1985 are filed by the petitioner-appellant to transpose the 5th respondent, i.e., the Government of Andhra Pradesh, through the Special Deputy Collector (Land Acquisition), Industries, Hyderabad, as a co-appellant.

(2.) Under a notification dated 27-5-1975 issued under section 4 (1) of of the Land Acquisition Act, an extent of 40 acres 2 Guntas in Survey Nos. 1023,1031, 1032/A and 1032/B in Kukatpalli Village was proposed to be acquired for the purpose of the appellant. Ths purpose of acquisition was to provide safety-zone to magazine-stores of the appellant which is engaged in manufacturing explosives among other products. The lands acquired are owned by three persons, namely, Sri V. V. Raman (P W. 2) and his two sons-in-law, V. Sundaram and J. Lakshminarasimham. The Land Acquisition Officer awarded compensation at the rate of Rs. 2,500/- per acre for the entire land, except for a piece of 1 Acre 5 Guntas covered by a Nala. For this extent he awarded at the rate of Rs. 500/- per Acre. Dissatisfied with the award, the claimants asked for a reference under section 18. The civil court enhanced the compensation to Rs. 16/- per yard, which works out to Rs, 77,440/- per Acre. For the piece of 1 Acre 5 Guatas, however, the civil court awarded compensation at the rate of Rs. 3/- per sq. yard. It is the said enhancement made by the civil court which is questioned in these appeals.

(3.) Possession of the land was taken on 27-7-1976.