B. RANGA REDDY Vs. THE LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) This is a petition under section 115 of the Code of Civil Procedure, to revise the Order of the First Judge, City Civil Court, Hyderabad, in M.P. No. 78/1 of 1955.

(2.) For appreciating the contentions raised in the revision, it is necessary to state the material facts. On 19th June, 1950, proceedings for the acquisition of an extent of 32 guntas of land, belonging to the petitioner (hereinafter referred to as 'the claimant' were initiated by the publication of a preliminary notification in the Gazette under section 3 of the Hyderabad Land Acquisition Act (hereinafter referred to as 'the Act'). On 22nd February, 1951, a declaration was made under section 5 of the Act. Possession of the land was taken over by the Executive Engineer, P.W.D. Drainage Division, Hyderabad, on 20th June, 1951. On 2nd August, 1951, the Land Acquisition Collector made an award determining the market value of the land acquired at Rs. 3, 872 (O.S.). Adding thereto the 15 per cent, solatium and interest, he determined the total amount of compensation payable to the claimant at Rs. 5,540. The claimant refused to accept the award and on 25th September, 1952, sent an application to the Land Acquisition Collector required him to refer the matter under section 14 to Civil Court for determination. Accordingly it was referred to the First Judge, City Civil Court, Hyderabad.

(3.) While the reference was pending in that Court, the Government Advocate filed a memorandum on 10th August, 1956, in the following terms:-