JUDGEMENT
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(1.)This Appeal and Cross and Objections which arise out of land acquisition proceedings, are directed against the order of the learned Subordinate Judge, Visakhapatnam, in O. P. No. 6/63 on his file. Referring Officer is the appellant and the cross objections are preferred by the claimant.
(2.)Ac. 3-82 cents of the land belonging to the claimant and situated in Pandurti was acquired by Government for construction of a store-yard for the D. B. K. Railway project after due notification. No claim for compensation was made by the claimant before the Land Acquisition Officer in response to the notice issued to him under Section 9 of the Land Acquisition Act (hereinafter referred to as the Act). After making the necessary enquiry, the Special Tahsildar, Land Acquisition, Srungavarapukota, made his award on 20-12-62 providing for payment of compensation to the claimant at the rate of Rs. 2,310 per acre. He thereafter referred the matter to Court at the instance of the claimant. The learned Subordinate Judge enhanced the rate of compensation payable to the claimant from Rs. 2,310 to Rs. 2,775 per acre as against his claim at Rs. 4,000 per acre. Neither party is satisfied with this decision of the Court below and hence this appeal and cross objections.
(3.)It is contended for the appellant that the Court below should have simply confirmed the award made by the Land Acquisition Officer having regard to the admitted fact that the respondent did not prefer any claim to compensation before that Officer in response to the notice served on him under Section 9 of the Act but that the learned Subordinate Judge erroneously condoned the omission to file a statement of claim for reasons which do not bear scrutiny and that even otherwise, the enhancement ordered by the Court below is not warranted by the evidence on record. It is on the other hand urged for the respondent that the learned Subordinate Judge should have awarded him compensation at the rate of Rs. 4,000 per acre as claimed.
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