LAND ACQUISITION OFFICER Vs. K SUSEELA

JUDGEMENT

(1.) The appellant is the Land Acquisition Officer who questions the order of the Civil Court made on reference under Section 18 of the Land Acquisition Act in O.P.No.193 of 1984 dated 9-10-1987, whereunder the Civil Court enhanced the compensation from Rs.18,000/- to Rs.65,000/- per acre.

(2.) An extent of Ac.2-14 cents in Survey Nos.235/2 and 238 situated within the Municipal limits of Tenali Town belonging to the respondent was acquired for purpose of burial ground in pursuance of a notification published under Section 4(1) of the Land Acquisition Act on 19-10-1978. The Land Acquisition Officer by his award dated 27-11-1983 fixed the compensation at Rs.18,000/- per acre. Dissatisfied with the same, the respondent sought for reference before the Civil Court, which on consideration of the evidence on record, enhanced the same to Rs.65,000/- per acre.

(3.) The claimant did not examine anybody, except herself as P.W.I. Of course, she filed Ex. A-1 registration extract of sale deed dated 8-3-1977 to show that an extent of 484 sqyards in Survey No.246/1 was sold for a sum of Rs.7,260/-, thereby the respondent attempted to establish her claim that the land in the vicinity was being sold at the rate of Rs.72,000/- per acre. However neither the vendor nor the vendee under Ex.A-1 was examined to prove the contents of the sale deed, Ex.A-1. The appellant examined two witnesses viz., Revenue Inspector and Junior Assistant working in Sub-Collector's Office as R.Ws.l and 2 respectively. R.W.2 produced Exs.B-6 and B-7 extracts of registered sale deeds dated 6-10-1976, one in respect of a sale transaction of 40 cents in Survey No.426/lC for a sum of Rs.6,000/- to show that the market value of the land in the vicinity is around Rs.15,000/- and another of an extent of 53 cents sold for a sum of Rs.7,950/-, in order to show that the same are comparatable sales and the prevailing market value is not more than Rs.15,000/- per acre.