LAND ACQUISITION OFFICER PEDDAPURATN Vs. K MANGAYAMMA

JUDGEMENT

(1.) Registration of sale deeds by the claimant one or two monthsprior to the date of Notification for small bits of land cannot be considered to be a valid basis for determination of reasonable compensation that has to be payable. Section 23 of Land Acquisition Act contemplates that the date of Notification has to be taken into account in fixing the reasonable compensation. In this case, the date of Notification is on 12-4-1984. It is common knowledge that the proposals will be put up first and they will be approved, budget has to be sanctioned and then only the draft Notification will be published. It is not as if over night the publication has been made. In this case, the very execution of the documents Ex. A.1. and Ex. A.2. Ex. X.1 and Ex. X.2 clearly indicates that they were executed only in January and March 1984, by the claimant. The execution of the document:, tor small extents within proximity of time during the process of pieparing the draft notification cleatly indicates, the mala fide intention tion of the claimant to exaiggerate the claim ot com pensation on the basis of the registered sale deeos. Registered sale deeds brought into existence for small bits of land just before ths date of Notification need not be taken as a safe guide to arrive at the reasonable compensation that has to be paid.

(2.) The contention of the learned counsel for the claimant and thecross-objector that the documents disclose the value of the land at Rs. 50,000/- per acre, that the documents have been approved, that the learned judge ought to have granted Rs. 50,000/- as compensation cannot be entertained. The land is a dry land Even with regard to cultivation of wet crops no pahanis and no cultivation accounts have been produced. It is registered as a dry land. In villages rice mil's will be constructed outside the village. Because rice mills were there, we cannot say that it has got the potentialities of house sites. However, as the land has been acquired for house sues and as the village is nearby the land may be having potential value for house sites Even if the land is considered for house sites, it does not mean that it will fetch a sum of Rs. 50,000/- per acre without the deduction if any.

(3.) An extent of iAc. 7-68 cents in S, No. 273/1 of Bendapudi villagewas acquired. The award was passed on 17-I-J985. The land acquisition officer awarded compensation at the rate of Rs. 8,000/- per acre treating the land as agricultural land. The learned judge awarded a sum of Rs. 24,000/- per acre as compensation. 1 feel that it is still on the high side. When the learned judge has exercised discretion and ignored the values that have been given in the documents created by the claimant for the purpose of awarding compensation, 1 feel that it does not warrant any interference.