HEMALATA K Vs. SPECIAL DEPUTY COLLECTOR LA

JUDGEMENT

(1.) These appeals under Sec.54 of the Land Acquisition Act arise out of the same award, namely Award No. 5 of 1981 passed by the Special Tahasildar, Land Acquisition, VUDA, Visakhapatnam. Hence, the appeals are being disposed of by common judgment.

(2.) The extent of land involved in these appeals is about Ac.2-62 cents situate in Sy.Nos. 9, 10, 13 and 14 of Pedda Waltair revenue village within the Municipal limits of Visakhapatnam. The lands were acquired for the purpose of Muvvalavanipalem IUVP Scheme. The notification under Sec.4(l) of the Land Acquisition Act was published, in relation to these lands, on 22-3-1979. The Land Acquisition Officer passed the Award No. 5 of 1981. He fixed the market value at Rs.9.59 paise per square yard. On reference under Sec. 18 of the Act the I Addl. Subordinate Judge, Visakhapatnam, by his identical awards passed on 31-8-1988 in O.P.Nos. 34/85, 35/85, 36/85, 32/85, 42/85, 43/85,48/85,49/85 and50/85 enhanced and fixed the market value at Rs.12.60 paise per square yard. A.S.Nos. 1615/89, 1634/89, 1616/89, 68/90, 81/90, 82/90,77/90,73/90 and 83/90 are filedby the State against the aforementioned O.Ps., respectively. The respondents in A.S.Nos. 1615/89, 1616/89 and 1634/89 have filed cross-appeals - A.S.Nos. 871/89, 1002/89 and 1239/89 against the awards in O.P.Nos. 34/85, 36/85 and 35/85 respectively. It may be stated that the Award of LAO covers a total extent of Ac.5-53 cents including the lands in question.

(3.) The Land Acquisition Officer, for the purpose of fixing the market value of the acquired lands, took into account the sale transaction relating to 1000 sq. yards in Sy.No. 68/1 at the rate of Rs.21/- per square yard. That sale (item No. 27) took place on 2-6-1978. He considered it as a comparable sale similar in all respects to the acquired land except in level. After making certain deductions from the sale price reflected in the sale deed referred to in item No. 27, he arrived at the market value at Rs.9.59 ps. per square yard.