BH RAMACHANDRA RAJU Vs. L A O

JUDGEMENT

(1.) The claimants in OP.Nos.6/89 to 10/89 have preferred these appeals under Section 54 of the Land Acquisition Act, 1894 (for short 'the Act') aggrieved by the judgments and decrees dt.18-9-1991 rejecting their claim for enhancement of compensation and affirming the compensation awarded by the Land Acquisition Officer for the land bearing S.Nos.257/lA, 263/1 A, 292/1A, 320/1A and 320/1B1 measuring Ac.0.20 cents, Ac.0.17cents, Ac.0.39 cents, Ac.0.10 cents and Ac.0.19 cents respectively, together with permanent structures, compound wall, wells, trees etc., acquired for the purpose of construction of fly over across railway line at Bhimavaram Railway Junction. Since common questions of fact and law are involved in these appeals, they are being disposed of by this common judgment.

(2.) The acquisition proceedings commenced with the publication of draft notification under Section 4(1) of the Act in the A.P. Gazette on 5-12-1987. Possession of the acquired property was taken over on 7-5-1988. After due enquiry, the Land Acquisition Officer determined the market value of the land at the rate of Rs.9,680/- per cent, i.e., Rs.200/-per sq. yard. He also determined the value of the permanent structures, compound wall, wells and trees etc., thereon as under. <FRM>JUDGEMENT_613_ALT5_1997Html1.htm</FRM> In addition, he awarded additional amount, solatium and interest as provided under the Land Acquisition (Amendment) Act, 1984 (for short 'the Amendment Act')- Accordingly, he passed Award No.8/88 on 25-8-1988. Not satisfied with the award, the claimants made applications under Section 18 of the Act to refer the matters to a Civil Court for determination of proper compensation. Accordingly, the matters were referred to the Court of Subordinate Judge at Bhimavaram on whose file they were registered as OP.Nos.6/89 to 10/89.

(3.) The appellant in A.S.No.167/92 is the first claimant in OP.No.6/89. The second claimant therein is a rice mill called 'Sri Venkateswara Satyanarayana Rice Mill' in which the first claimant claims l/3rd share. It may be noted that the second claimant has not chosen to prefer any appeal. The appellants in AS.No.3065/92 are the claimants in OP.No.7/89. Appellants in A.S. No278/92 are the claimants 1 to 4 and 6 to 17 in OP.No.8/89. The fifth claimant therein is the appellant in AS.No.1114/92. The appellants in AS.No.20/92 are the claimants 1 and 2 in OP.No.9/89. The appellant in AS.No.79/92 is the third claimant in OP.No.9/89. The appellants in AS.No.323/92 are the claimants in OP.No.10/89. They filed separate claim statements claiming compensation under various heads, the details of which will be referred to, if necessary, at the appropriate stage. Their claims were resisted by the referring officer by filing counter statements.