L A TAHSILDAR Vs. SRIPATBI RAINAMURTHY DIED

JUDGEMENT

(1.) These two appeals arise out of the order and decree passed by the learned Second Additional District Judge, Visakhapatnam on 18-7-1980 in O.P. No. 403/79. A.S. No. 1759/80 is filed by the Land Acquisition Officer, Visakhapatnam Municipality and A.S. No. 919 of 1986 is filed by claimants 1 and 2.

(2.) A large extent of land was acquired for expansion of AndhraUniversity. The subject matter of the dispute in these two appeals relates to Ac. 3-60 cents belonging to claimants 1 and 2 in T.S. No. 47/32 in Visakhapatnam. Notification under Section 4 (1) of the Land Acquisition Act (for short, the Act) was issued on August! 10, 1967. The award was passed on March 3, 1978 granting compensation at the rate of Rs. 2-40 Pa per sq yard. On reference to the civil court, under Section 18 of the Land Acquisition Act, the learned Second Additional District Judge, Visakhapatnam enhanced the compensation to Rs. 3/- per sq. yard. He has also awarded interest at 6% and damages at the rate of 6% per annum on the compensation amount commencing two years after the date of notification under Sec. 4 (1) of the Act i.e., from 10-8-1969 till the date of passing of the award.

(3.) Sri Adinarayana Rao, the learned counsel for the appellaat in A.S.No. 919/86 submits that the land acquisition officer ought to have Belied upon. Exs. A.1 and A.2 and awarded compensation at the rate of Rs., 14/- per sq. yard and that the lower court erred in granting compensation at rate of Rs. 3/- per sq. yard; while Sri M.R.K. Choudary, the learned counsel for the respondents, submits that Ex.A.1 and A.2 are post-notification sales in a more developed area, as such the trial court was justified in not taking into consideration the said sales.