THE DISTRICT WELFARE OFFICER Vs. MADDUKURI VENKATARANGAYYA

JUDGEMENT

(1.) This is an appeal from the order on the reference by the Land Acquisition Officer under Sec. 18 of the Land Acquisition Act. The Acquisition, covers land to the extent of 92 cents out of 6 acres of land in R.S. No. 1188/1/B situated in the village of Peddapadu in Eluru taluk and acquired for the purposes of excavating a fresh water tank for the use of the Harijans and Harizan Christians of Kazigudem hamlet of Pedapadu.

(2.) A preliminary notification under Sec 4(1) of the Land Acquisition Act was published on 4-5-1948, An enquiry under Sec. 5(a) of the Act was held. On notice issued under Sec. 9(3) of the said Act, the respondent filed an objection petition claiming compensation at Rs. 2,800/- per acre and objecting to the measurement recorded in the sub-division record as being incorrect. The Land Acquisition Officer fixed its value at Rs. 710/14/- computing Rs. 772/11/- per acre. Subsequently, the respondent requested that the matter may be referred under Section 18 of the Act to the court for determination.

(3.) The District Judge after recording the evidence held that the respondent was entitled to Rs. 1150/- at Rs. 1250/- per acre as the market value of 92 cents of land acquired by the Government for purposes of constructing a tank. He also held that the respondent was entitled to Rs. 75/- by way of compensation for the severance of 6 cents of land and to Rs. 500/- as damages for the loss of yield by percolation and another Rs. 500/- for the damage caused by pigs and cattle. The Government has now come up in appeal.