LAND ACQUISTION OFFICER Vs. P SRINIVAS REDDY

JUDGEMENT

(1.) The appellant has challenged the legality of the order dated 25.03.2003, in O.P.No.31 of 1998, passed by the Senior Civil Judge, Bhongir, whereby, the learned Reference Court has enhanced the compensation payable to the respondents-land losers from Rs.9,000/- per acre to Rs.12,000/- per acre for the land located in Saidapur village of Yadagirigutta Mandal in Nalgonda District.

(2.) Briefly, the facts of the case are that vide notification dated 14.02.1996 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, "the Act"), the Government had proposed to acquire lands in Saidapur village, for the purpose of providing house sites to the Weaker Sections. While determining the compensation, the Land Acquisition Officer (LAO) relied upon sale documents prevailed in that area immediately preceding three years from the date of issuance of Section 4(1) notification and fixed the market value of the lands of the land losers at Rs.9,000/- per acre. After following the procedure under the Act, the LAO passed the award on 10.09.1996.

(3.) Since the land losers, the respondents, were aggrieved by the award dated 10.09.1996, they approached the Reference Court for enhancing the compensation. According to them, they were entitled to receive a compensation of Rs.70,000/- per acre. In order to buttress their claim, they relied on certified copies of sale deeds dated 12.04.1989, 03.03.1986 and 19.09.1986 (Exs. A.1 to A.3 respectively). Under Ex. A.1, an extent of Ac.3-02 guntas of land situated at Saidapur village was sold at a sale consideration of Rs.38,721/- per acre. Exs. A.2 and A.3 pertain to small extents of land. They further examined three witnesses, and submitted three documents. 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.