SPECIAL DEPUTY COLLECTOR Vs. VIJAYA BHASKARA REDDY

JUDGEMENT

(1.) This batch of appeals was posted before us for orders on the ground that several connected appeals arising from the same village and covered by the very same notifications have been disposed of by a learned single Judge of this Court, viz., A.S.No. 2786/1982 and batch, disposed of on 25-2-1986. These appeals are preferred by the State against the judgment arid order of the Civil Court in references under Section 18 of the Land Acquisition Act, enhancing the compensation payable to the respondents-claimants. Before us, however counsel for the respondents-claimants stated that they are not satisfied with the judgment of the learned single Judge that they have applied for copies and are proposing to prefer Letters Patent Appeals against the said judgment inasmuch as the learned single Judge has reduced compensation for each of the three categories of land by Rs. 2,000/-. Counsel submitted that they are agitating the correctness of the judgment of the learned single Judge in appeal and, therefore, the said judgment should not be taken as final and it cannot form the basis for disposing of this batch of appeals without going into merits. Since the judgment of the learned single Judge was delivered only a few days ago, we heard the learned Government Pleader, as well as the counsel for the respondents- claimants on merits, hence this order.

(2.) The lands concerned herein are situated in Kyathoor village, in Alampur taluk, Mahaboobnagar District. This village is one of the villages submerged by the Srisailam Hydro-Electric Project. The entire village was acquired for the purpose; notifications under Section 4 of the Act were issued in or about September, 1974. With regard to the lands concerned herein, the notification is dated 5-9-1974. The Land Acquisition Officer divided the entire village lands into six categories and awarded compensation at different rates. The Civil Court, however, did not agres with this categorisation, and categorized all the village lands into three broad categories, viz., (i) dry, (ii) single crop wet, and (iii) double crop wet. Besides these categories there are small extents categorized as 'Kallam Doddies' (threshing floors.) The Civil Court awarded Rs. 6,000/- per acre for dry lands, Rs. 8,000/- per acre for single crop wet, Rs. 10,000/- for double crop wet, and Rs. 40.000/- per acre for 'Kallam Doddies'. The State appealed; the learned single Judge reduced the compensation for dry lands to Rs. 4,000/- per acre. Having done so, he reduced the compensation for single-crop wet and double crop wet also uniformly by Rs. 2,000/- on the ground that, since the Civil Court has maintained the distinction between these three categories at Rs. 2,000/- each, he shall follow the same. So far as 'Kallam Doddies' are concerned, the learned Judge reduced the compensation to Rs. 28,000/- per acre. While the learned Government Pleader commends the judgment of the learned single Judge for our acceptance, the claimants say that there was no warrant for reducing the compensation by the learned single Judge.

(3.) The award passed by the Land Acquisition Officer shows that this village "is bounded by river Krishna on the north and Koner on the south, Linganvai on the west and Yapaldevipad and Bhimavaram villages on the cast. The village is mainly dry with registered wet lands under Pata Cheruvu, Kotha Cheruvu and R.D.S. Canal. The ayacut under 'Patha Cheruvu' will go under submersion. The dry land adjoining river Krishna is black cotton soil. Cash crops such as cotton, tobacco, chillies, groundnut and food crops paddy, Korra, Jo war etc., are raised in these lands. There is a metal road from Kyathoor to the National Highway from Hyderabad to Kurnool ..........