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2004 DIGILAW 648 (AP)

Pokkireddy Sundararami Reddy v. Special Tahsildar (Land Acquisition) Nellore

2004-07-06

BILAL NAZKI, P.S.NARAYANA

body2004
BILAL NAZKI, J. ( 1 ) THESE two Appeals are against the same Judgment and decree. Therefore they are being disposed of by this Common Judgment. ( 2 ) THE parties shall be referred as claimant and the Land Acquisition Officer. Land measuring Ac. 0-39 cents was acquired by virtue of notification issued under Section 4 of the Land Acquisition Act on 10-2-1984. The Award was passed on 28-2-1986 granting compensation at the rate of Rs. 200/- per ankanam. Not satisfied with the compensation, the claimant approached the Collector for making Reference under Section 18 of the Land Acquisition Act to the Civil Court. In the Reference, the compensation has been enhanced from Rs. 200/- per ankanam to Rs. 450/- per ankanam. Aggrieved of the said Judgment and decree both sides have filed these Appeals. ( 3 ) WE have heard the learned Counsel for the parties in detail and have perused the record on the file. It is not disputed that the land in question has the potential of being used as house sites. It is also not disputed that it is a four way crossing, which is just 20 yards away from the Sullurpet Railway Station. However, it is far away from the National High Way. The parties have examined witnesses and three sale deeds were pressed into service by the claimant. Ex. A-1 is dated 12-6-1983 by which land has been sold at the rate of Rs. 240/- per ankanam. Ex. A-2 is for eleven ankanams whereunder the land has been sold at the rate of Rs. 675/- per ankanam. The date of this sale deed is 22-11-1983 whereas Ex. A-3 is dated 5-7-1984. By this exhibit, land was sold at Rs. 1000/- per ankanam. All these three sale deeds pertain to small chunks of land and in terms of point of time Ex. A-2 is nearest to the present acquisition. In the present case, the notification was issued on 10-2-1984 and Ex. A-2 was executed on 22-1-1983 Since PW-2 who proved the execution of Ex. A-2 had stated in his statement that the land under this sale deed had a greater value than the land under acquisition, the trial Court reduced the value from Rs. 675-to Rs. 450/- per ankanam. The other two sale deeds, in our view, are not relevant for the purpose of fixing the value. A-2 had stated in his statement that the land under this sale deed had a greater value than the land under acquisition, the trial Court reduced the value from Rs. 675-to Rs. 450/- per ankanam. The other two sale deeds, in our view, are not relevant for the purpose of fixing the value. On the other hand, no evidence was produced, except the award, to show that the value of Rs. 200/- awarded by the Land Acquisition Officer was the just value of the land. The award also does not disclose as to on what basis the Land Acquisition Officer had fixed the amount of compensation at Rs. 200/- per ankanam. For these reasons, we do not find merit in either of the Appeals. We feel that the compensation has been fixed at a reasonable and just rate by the Civil Court in the Reference. The Judgment and decree of the trial Court is confirmed and the Appeals are dismissed. In the peculiar circumstances of the case, no costs.