LAWS(APH)-1987-9-15

T V SUBBA RAO Vs. LAND ACQUISITION OFFICER

Decided On September 25, 1987
TALLURI VENKATA SUBBA RAO Appellant
V/S
LAND ACQUISITION OFFICER AND REVENUE DIVISIONAL OFFICER, KAKINADA Respondents

JUDGEMENT

(1.) All these appeals can be disposed of by a common judgment though the Court below has disposed of in four batches.

(2.) In A. S. No. 909/83, notification under Section 4 (1) of the Land Acquisition Act, 1898 was published in the Andhra Pradesh Gazette dated May 13, 1974, acquiring certain extents of lands for establishment of Nagarjuna Fertilizers and Chemicals and Godavari Fertilizers Limited. Similar notifications under Sec. 4 (1) of the Act, were published in other appeals also. Initially, Ac. 955-00 are sought to be acquired but in the declaration under Section 6, they confined to acquisition of Ac. 648-72 cents only. The lands arc situated in Suryaraopeta and Vakalapudi villages. Group I lands are situated in Ramayyapefa channel Ayacut and were under wet cultiviation. For these lands, the claimants have claimed at different rates : but now in the appeals, they confined to the market value ranging between Rs. 5,000/- and Rs. 8,000/-per acre. The Land Acquisition Officer determined the marret value at Rs. 1600/- per acre. Dissatisfied therewith they sought for reference under Section 18. The Civil Court did not enhance the market value. Equally with regard to Group II lands, which are non-ayacut lands but cultivated under the ayacut, the claimants claimed the same amount, but the Land Acquisition Officer granted at Rs. 2 750/-per acre ; on reference under Section 18, the civil court did not make any enhancement ; Group III lands consist of dry lands in which dry crops viz., ground-nuts, causarina, etc. are raised ; They also laid the same claim but the Land Acquisition Officer awarded the market value at Rs. 800/- per acre and the Civil Court did not enhance it. Group IV lands are classified as low-lying land and submergeable with sea water and they arc not fit for cultivation ; accordingly they claimed at Rs. 6,000/-per acre but the Land Acquisition Officer has determined the market value at Rs. 400/- per acre. The Civil Court did not enhance the market value. Thus, the claimants have filed these appeals.

(3.) Though in the O Ps. several documents have been marked as different exhibits, since the lands are the same and they are situated contiguous, possessed of the same potentialities, I propose to dispose all of them by evidence on record though recorded in four batches.