SPECIAL DEPUTY COLLECTOR Vs. V MALLA REDDY

JUDGEMENT

(1.) The appellant has challenged the legality of the order dated 28.02.1991, in O.P.No.88 of 1987, passed by the Subordinate Judge at Nalgonda, whereby, the learned Reference Court has enhanced the compensation payable to the respondents-land losers from Rs.5,100/- per acre to Rs.7,400/- per acre for the land located in Kudhavanpoor village.

(2.) Briefly, the facts of the case are that vide notification dated 04.03.1987 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, "the Act"), the Government had proposed to acquire an extent of Acs.5-21 guntas of land belonging to the respondents, situated in Kudhavanpoor village of Nalgonda Mandal and District, for the purpose of excavation of Srisailam Left Bank Canal (SLBC). While determining the compensation, the Land Acquisition Officer (LAO) relied upon a total of eleven sale documents prevailed in that area immediately preceding three years from the date of issuance of Section 4(1) notification. After following the procedure under the Act, the LAO passed the award on 31.07.1987 granting a compensation of Rs.5,100/- per acre.

(3.) Since the land losers, the respondents, were aggrieved by the award dated 31.07.1987, they approached the Reference Court for enhancing the compensation. According to them, they were entitled to receive a compensation of Rs.35,000/- per acre. In order to buttress their claim, they relied on certified copy of sale deed dated 20.03.1986 (Ex. A.1). Under Ex.A.1, an extent of Ac.0-20 guntas of land in Sy.No.29 of Kudhavanpoor village limits was sold at a total sale consideration of Rs.14,000/-. They further examined one witness, and submitted one document. After going through the evidence produced by both the parties, the learned Reference Court enhanced the compensation as aforementioned. Hence, this appeal before this Court.