DHARMAPAL REDDY C Vs. R D O

JUDGEMENT

(1.) .These two appeals, the former by the first claimant/landholder and the latter by the Land Acquisition Officer, Miryalaguda, as well as the beneficiary of acquisition, namely, Andhra Pradesh State Road Transport Corporation under Sec. 54 of the Land Acquisition Act, 1894 (for short 'the Act') relate to acquisition of land bearing S.Nos. 19 and 20 measuring Ac.1.90 situate in Nidamanoor village for the purpose of construction of Bus-Station at Nidamanoor.

(2.) The acquisition proceedings commenced with the publication of draft notification under Sec.4(l) of the Act in the Gazette on 3-2-1987. Possession of the land was taken over on 13-5-1987. The Land Acquisition Officer after due enquiry passed the award on 29-3-1989, fixing the market value at Rs.30,000/- per acre. Not satisfied with the same, the claimants sought for a reference under Sec.18 of the Act. Thereupon, the matter was referred to the Court of Subordinate Judge, Miryalaguda and registered as O.P. No. 20/89.

(3.) Before the reference Court, the claimants laid claim at the rate of Rs.150/- per sq. yard and statutory benefits like solatium, additional amount and interest as per the provisions of the Land Acquisition (Amendment) Act, 1984 (for short 'the Amendment Act'). Their claim was resisted by the Land Acquisition Officer. Evidence was adduced by both the parties. On behalf of the claimants, P.Ws.l to 3 were examined and Exs.A-1 to A-14 were marked. On behalf of the Land Acquisition Officer, Mandal Revenue Officer, Nidamanoor was examined as R.W.I and the award and award proceedings dt.29-3-1989 were marked as Exs.B-1 and B-2 respectively. On consideration of the said oral and documentary evidence, the reference Court determined the market value at Rs.30/- per sq. yard and awarded statutory benefits like solatium, additional amount and interest as per the provisions of the Amendment Act. Accordingly, he passed the impugned judgment and decree dt.5-2-1991. Aggrieved by the same, the first claimant, namely, Chada Dharmapal Reddy, who owns Ac.1-80 cents and 83 sq. yards, alone filed AS.No. 1253/91, restricting his claim to Rs.120/- per sq. yard and the Land Acquisition Officer filed AS.No. 706/92 questioning the enhancement of compensation from Rs.30,000/- per acre to Rs.30/- per sq. yard.