SPECIAL DEPUTY COLLECTOR Vs. G NAGABHUSHANAM

JUDGEMENT

(1.) This appeal by the Land Acquisition Officer is directed against the judgment and decree of the learned Subordinate Judge, Warangal in O.P.No. 117 of 1983 whereby the learned Subordinate Judge has enhanced the compensation payable to the claimants in respect of their lands which were acquired for the purpose of excavation of Kakatiya canal. The total extent involved is Acs.22-06 guntas in Chinthagattu village of Warangal Taluk. The notification under Section 4(1) of the Land Acquisition Act was published in the Gazette on 5-3-1979. The Land Acquisition Officer, by his award dated 28-3-1980, fixed the market value of Bhagayat lands (dry lands) at Rs. 3,100/- per acre and of wet lands at Rs. 4,200/- per acre. The Land Acquisition Officer also fixed the compensation for the trees (Sendhi and Palmyrah) at Rs. 48-40 per tree. In the lands belonging to the claimants 6 and 7 there were two wells for which the Land Acquisition Officer fixed the compensation at Rs. 51,165/- for the 6th claimant's well and Rs. 9,880/- for the 7th claimant's well. In addition, the Land Acquisition Officer awarded the statutory solatium and interest as per the provisions of the Land Acquisition Act.

(2.) On a reference under Section 18 of the Land Acquisition Act at the instance of the claimants, the learned Subordinate Judge, Warangal, has enhanced the compensation for Bhagayat lands to Rs. 15,000/- per acre and for the wet lands to Rs. 18,000/- per acre. The learned Subordinate Judge has also enhanced the compensation for the trees to Rs. 300/- per tree. Insofar as the wells are concerned, the learned Subordinate Judge enhanced the compensation in respect of the 6th claimant's well to Rs. 77,750/- and the compensation in respect of the 7th claimant's well to Rs. 27,151 /-.

(3.) Questioning the said enhancement, the Land Acquisition Officer has filed this appeal. The learned Government Pleader appearing for the appellant has contended that the fixation of the market value of the lands at Rs. 15,000/- and Rs. 18,000/- per acre by the lower Court is excessive. He submitted that in respect of similar lands acquired under the self-same notification, this Court has confirmed the grant of Rs. 12,000/- per acre by judgment dated 14-6-1989 in A.S.No. 632 of 1987. He also contended that the evaluation of the trees and wells separately in addition to the market value of the land is not permissible and placed reliance on the judgment of the Supreme Court in Koyappathodi M. vs. State of Kerala.