LAND ACQUISITION OFFICER Vs. SIDDAPURAM SAYANNA

JUDGEMENT

(1.) The appellant has challenged the legality of the order dated 08.10.2002, in O.P.No.413 of 1994, passed by the Additional District Judge, Nizamabad, whereby, the learned Reference Court has enhanced the compensation payable to the respondents-land losers from Rs.16,500/- per acre to Rs.42,000/- per acre for the land located in Shekapur village.

(2.) Briefly, the facts of the case are that vide notification dated 23.07.1993 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, "the Act"), the Government had proposed to acquire the lands to the respondents, situated in Shekapur village of Navipet Mandal, Nizamabd District, for the purpose of submerging in the large tank of Binola village. While determining the compensation, the Land Acquisition Officer (LAO) relied upon a total of eighteen 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 20.10.1993 granting a compensation of Rs.16,500/- per acre.

(3.) Since the land losers, the respondents, were aggrieved by the award dated 20.10.1993, they approached the Reference Court for enhancing the compensation. According to them, they were entitled to receive a compensation of Rs.50,000/- per acre. They 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.