SPECIAL DEPUTY COLLECTOR LA HLC Vs. K YERRAPPA

JUDGEMENT

(1.) This appeal by the Special Deputy Collector (Land Acquisition) under Section 54 of the Land Acquisition Act, 1894 (for short 'the Act') and the cross objections therein by the claimant/landholder arise out of the judgment and decree dt.17-1-1996 in OP.No.67/93 on the file of the Principal Subordinate Judge, Anantapur. They relate to acquisition of land bearing S.Nos.38/lAl and 38/1A2 measuring 13.75.0 hectares (equivalent to Ac.34-00) together with trees and structures standing thereon, situated in Mylarampalli village, Uravakonda Mandal, Anantapur District, for fore-shore submersion of Penna Ahobilam Balancing Reservoir (PABR).

(2.) The acquisition proceedings commenced with the publication of Draft notification under Section 4(1) of the Act, approved in G.O.Rt.No.221, Irrigation & CAD (P.W.) Department, dt.22-4-1991, in the A.P. Gazette dated 4-5-1991. The Land Acquisition Officer in the course of enquiry under Section 11 of the Act placed the acquired land under 4 groups for arriving at the market value as detailed below: <FRM>JUDGEMENT_200_ALT4_1997Html1.htm</FRM> On consideration of the sales statistics and other material on record, he fixed the market value of the lands placed under Group-I at Rs.10,000/- per acre or Rs.21,700/- per hectare; Group-II at Rs.1,500/- per acre or Rs.3,700/- per hectare and Group-III at Rs.21,000/- per acre or Rs.51,870/- per hectare, in respect of open well in the land covered under Group-IV, he found that no compensation need be paid as it was found dried up. However, he awarded compensation of Rs.34,776-30 for the bore well, pump house and switch board room in the land covered under this group. In addition to the land value, he awarded compensation of Rs.10,83,237/- for the trees said to be standing on the lands placed under Group-III. He also awarded additional amount, solatium and interest as provided under the Land Acquisition (Amendment) Act, 1984 (for short 'the Amendment Act').In all, he awarded a sum of Rs.27,08,073/-. Accordingly, he passed award No.15 of 1993 dt.7-5-1993. Not satisfied with the award, the claimant sought for a reference under Section 18 of the Act to a Civil Court. Thereupon, the matter was referred to the Court of Principal Subordinate Judge, Anantapur for adjudication.

(3.) Before the reference Court, the claimant claimed compensation for the land covered under Group-I at Rs.20,000/- per acre; Group-II at Rs.10,000/- per acre and Group-III at Rs.36,585/- per acre. In addition, he claimed Rs.77,33,700/- for 8,953 pomegranate trees and Rs.1,36,125/- for 121 Ber trees in the land covered under Group-III and Rs.43,869-20 towards the value of the open well in the land covered under Group-IV and Rs.24,000/- towards the cost of the pipe line said to have been laid underground in the entire extent of the acquired land. To substantiate his claim, the claimant examined P.Ws.1 to 6 and got marked Exs.A-1 to A-17. P.W.1 is the claimant himself. P.W.2 is the in-charge Assistant Director of Horticulture Department at Anantapur from September, 1988 to February, 1990. P.W.3 is the Special Deputy Collector (LA), HLC, Anantapur, who passed award No.15/93 dt.7-5-1993. P.W.4 is another Assistant Director of Horticulture Department, Anantapur, who is stated to have inspected the acquired land as per the directions of P.W.3. P.Ws.5 and 6 are the owners of nearby lands. Ex.A-1 is the G.O.Ms.No.601 Revenue (LA) Department dt.19-6-1992. Ex.A-2 is the certified copy of Memorandum No.664/Ks/85 Revenue (K) Department dt.20-9-86 of the Government of Andhra Pradesh. Ex.A-3 is the copy of summons dt.6-3-1995 issued to P.W.2. Ex.A-4 is the registration copy of a sale deed dt.6-2-1988, under the original of which P.W.5 purchased Ac.1-23 cents for a consideration of Rs.45,000/-. Ex.A-5 is the certified copy of award No.4/91 dt.17-7-1991 of the Special Deputy Collector, LA, HLC, Anantapur, whereunder compensation was awarded for garden lands on capitalisation method. Ex.A-6 is the certified copy of the order dt.27-10-1992 of the High Court of Andhra Pradesh made in W.P.No.13360/92. Ex.A-7 dt.31-5-1993 is the certified copy of the letter of the District Collector, Cuddapah, seeking clarification from the Government of Andhra Pradesh on Ex.A-6. Ex.A-8 dt.18-12-1993 is the certified copy of a Memo from the Government of Andhra Pradesh to the District Collector, Cuddapah in reply to Ex.A-7. Ex.A-9 is the certified copy of the adangal for Faslis 1397 to 1400 issued by the Mandal Revenue Officer, Uravakonda. Exs.A-10 and A-11 are the certified copies of the Adangals for Faslis 1401 and 1402 respectively issued by the Village Administrative Officer of Mylarampalli. Ex.A-12 is the photostat copy of the letter addressed by Mrs.G. Krishna Kumari and another to the Director of Horticulture, Hyderabad. Ex.A-13 is the photostat copy of letter dt.20-11-1989 addressed by the Director of Horticulture, Hyderabad to the Director of Research, Andhra Pradesh Agricultural University, Hyderabad. Ex.A-14 is the photostat copy of letter dt.20-11-1989 addressed by the Director of Research, A.P.A.U. to the Director of Horticulture, Hyderabad. Ex. A-15 is the photostat copy of letter dt.23-11-1989 addressed by the Director of Horticulture, Hyderabad to the Commissioner, Land Revenue, Hyderabad containing guidelines for valuation of pomegranate fruit bearing trees. Ex.A-16 is the book-let printed by Horticulture Department, Public Gardens, Hyderabad. Ex.A-17 is the hand-over summons issued by the Court for the appearance of P.W.3 as a witness. On behalf of the referring officer, R.Ws.1 and 2 were examined and Exs.B-1 to B-17 were marked. R.W.1 is the officer-in-charge in Meteorological Department, Anantapur. R.W.2 is the Secretary of Horticulture Association for Anantapur District. Ex.B-1 dt.29-6-1990 is the statement of Kakarla Rangamma, the mother of P.W.1, made before the Special Deputy Tahsildar, Anantapur. Ex.B-2 is the application filed by the claimant under Section 18 of the Act before P. W.3. Ex.B-3 is the file relating to acquisition of the acquired land. Ex.B-4 is the Inspection Report dt.3-7-1990 of the Special Deputy Tahsildar (LA), Anantapur. Ex.B-5 is the Inspection Report dt.4-7-1990 of the Special Deputy Collector, LA., HLC, Anantapur. Ex.B-6 is the report of the Assistant Director of Horticulture, Anantapur with the remarks of Deputy Director of Horticulture, Cuddapah. Ex.B-7 dt.7-11-1992 is the Inspection Report of P.W.3 Ex.B-8 is the office copy of covering letter dt.9-11-1992 addressed by P.W.3 to the Collector, Anantapur. Ex.B-9 dt.20-1-1993 is the statement of P.W.1 made before P.W.3.Ex.B-10dt.9-11-1992 is the approved Preliminary valuation statement. Ex.B-11 dt.23-1-1993 is the Inspection Report of the Joint Collector, Anantapur. Ex.B-12 is the joint sketch. Ex.B-13 is the copy of the award dt.7-5-1993 made by P.W.3. Ex.B-14 dt.9-5-1991 is the statement P.W.1 recorded by P.W.3. Ex.B-15 is the letter dt.7-6-1991 addressed by P.W.3 to the Assistant Director of Horticulture, Anantapur. Ex.B-16 is the letter dt.6-6-1991 addressed by the Assistant Director of Horticulture, Anantapur to the Director of Horticulture, Hyderabad. Ex.B-17 is the true copy of the letter dt.18-6-1991 addressed by Superintending Engineer, ID, TBP, HLC Circle, Anantapur to the Assistant Director of Horticulture, Anantapur. On consideration of the said oral and documentary evidence, the reference Court determined the market value of the lands covered under Group-I to Group-IV, trees and structures thereon as under: <FRM>JUDGEMENT_200_ALT4_1997Html2.htm</FRM> It has also awarded additional amount under Section 23(1-A) of the Act at 12% per annum from the date of 4(1) notification i.e., 21-5-1991 to the date of award i.e., 7-5-1993,30% solatium on the enhanced amount of compensation; interest at 9% for one year from 7-5-1993 i.e., the date of award to 6-5-1994 and thereafter at 15% till the date of realisation. Accordingly, it passed the impugned judgment and decree. Hence, this appeal by the referring officer questioning the enhancement of compensation. On receipt of notice in the appeal by the respondent's Counsel on 24-4-1996, the respondent filed cross- objections on 3-6-1996, claiming a further compensation of Rs.19,70,301 /- i.e., Rs.10,176/- for the land covered under Group-I; Rs.7,700/- for the land covered under Group-II; Rs.19,33,425/- for fruit bearing pomegranate trees in the land covered under Group-III and Rs.19,000/- towards the value of pipeline.