S.A.ISMAIL Vs. LAND ACQUISITION OFFICER.

JUDGEMENT

(1.) This appeal is filed by the claimant seeking enhancement of the compensation awarded by the Principal Subordinate Judge, Chittoor in O.P.No.5 of 1990, dated 23.8.1997. The lands of the appellant-claimant to an extent of Ac.2.01 cents (Ac.1.00 dry land in Sy.No.272 and Ac.1.01 cents dry land in Sy.No.273) situated in Patrapalle village, V.Kota Mandal were acquired by Government for construction of Agricultural Market Yard at V.Kota under Award No.11 of 1988-89, dated 8.9.1989 pursuant to the notification issued under Section 4(1) of the Land Acquisition Act, 1894 published on 17.6.1989. The Land Acquisition Officer awarded compensation at the rate of Rs.16,500/- per acre. On reference being made, the reference Court declined to enhance the compensation and dismissed the O.P., against which, this appeal is filed.

(2.) The parties hereinafter are referred to as they are arrayed in the O.P. It is the case of the claimant before the reference Court that the compensation paid by the Land Acquisition Officer is highly unjust, improper and far below the market value and that the lands are admittedly acquired for construction of agricultural market yard i.e. for commercial purpose and that they got potential value for use of house-sites and for commercial purpose. The acquired lands are situated within the V.Kota Gram Panchayat limits, abutting V.Kota-K.G.F. and Bangalore Trunk Road on its north and that V.Kota is a Mandal headquarter and very close to the acquired land on its west. The adjacent land and other lands were already acquired for the market yard on the east of Patrapalle village and that the surrounding lands were also converted into the house-sites. It is stated that the acquired lands are proposed for the industrial area and the plots in the adjacent lands are sold for house-sites. In fact, the house site sold in Sy.No.282/1 in the year 1986 reflects the market value at the rate of Rs.2,50,000/- per acre. Therefore, awarding of the compensation at the rate of Rs.16,500/- per acre is meager and the claimant is also entitled for additional benefits i.e. 30% solatium, 12% additional market value and interest. The Land Acquisition Officer denied the averments made in the claim petition and stated that the compensation awarded is just and reasonable.

(3.) Before the reference Court, the claimant himself examined as R.W.1 apart from examining R.Ws.2 to 4 and got marked Exs.B.1 to B.12. The Commissioner's report and the plan were marked as Exs.C.1 and C.2.