BHUPATIRAJU VENKATA RAGHAVARAJU Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The appeal by the claimant is wholly misconceived. The case of theappellant is that when the notification under Section 4 (1) of the Land Acquisition Act was published in the District Gazelle on July 9, 1981 acquiring Ac. 0-43 cents of land in R.S.No. 554/3B. 554/6B and 554/9B together with a building situated therein in Khandavalli village of Tanuku Taluk, West Godavari District, the Court below ought to have taken it as compulsory acquisition and ought to have awarded enhanced interest and solatium as per the Amendment Act. He claimed in the appeal Rs. 33,100/- towards solatium and interest. I find that the contention is wholly untenable.

(2.) In Ex. A.1 statement issued by the claimant dated November 4, 1980he admitted that in the year 1977 he had agreed for sale of the building and the land as per the estimate given by the R&B Department as per the prevailing rate and that he would not claim any compensation for the seven cents of land. Pursuant thereto, the R&B Department estimated the value and fixed the market value at Rs. 77,000/-. A reference was made by the District Social Welfare Officer requesting the Government to accord permission to purchase the building by private negotiations and to sanction the amount of Rs. 77,000/-. Accordingly, the Government issued G.O. Ms. No. 418 dated August 6, 1980 according permission to purchase the buiiding and to pay compensation of Rs. 77,000/- under Section 11 of the Land Acquisition Act and also made budgetary provision. The appellant in his statement Ex. A-3 before the R.D.O. has admitted thus : "The State Government have agreed to acquire my building for Rs. 77,000/- for hostel purposes and issued the G.O. I am prepared to hand over the building at any time under the emergency provisions of the Land Acquisition Act." Thus it is clear that the claimant agreed by negotiations to part with the possession of the building as per the demand made by the R.D.O. The R&B Department estimated the building at Rs. 77,000/-

(3.) Board Standing Order 90, paragraph (2) postulates that even withregard to acquisition of land by private negotiations, it is mandatory that the formal procedure under the Land Acquisition Act should be intiated for acquisition of the land for Government purpose. Therefore, merely because the acquisition proceedings were initiated under the Act, it does not mean that it was a compulsory acquisition and the procedure contemplated under Secs. 11 and 12 are to be followed in passing the award.