REVENUE DIVISIONAL OFFICER VIJAYAWADA Vs. VELIANKI VENKATAPPAIAH HIGH SCHOOL TADIKONDA
LAWS(APH)-1968-3-11
HIGH COURT OF ANDHRA PRADESH
Decided on March 26,1968

REVENUE DIVISIONAL OFFICER, VIJAYAWADA Appellant
VERSUS
SRI VELIANKI VENKATAPPAIAH HIGH SCHOOL, TADIKONDA, BY SRI G.KANAKAIAH Respondents

JUDGEMENT

Venkalesam, J. - (1.)This appeal and cross-objections are directed against the Award of the Subordinate Judge, Vijayawada in O.P. No. 272 of 1961 on his file. The Land Acquisition Officer acquired Acre 142-24 cents of land situate in the villages of Ibrahimpatnam and Jupudi in Krishna District for the purpose of forming a new tank. An objection was raised only by the owners of S.No. 3 of Ibrahimpct measuring Acre 29-28 cents (Classified as Government dry) to the compensation offered by the Land Acquisition Officer, V.V. High School ,Tadikonda who is the claimant, claimed before the Land Acqusition Officer, compensation at the rate of Rs.1,500 per acre and at the rate of Rs. 2,000 per acre before the Subordinate Judge. The Land Acquisition Officer awarded compensation at Rs. 650 per acre while the Subordinate Judge enhanced it to Rs. 1,250 per acre. Hence this appeal by the Government. The claimant had preferred cross-objections claiming further enhancement to Rs.1,500 per acre, and interest at 4 per cent, on the enhanced compensation which was not allowed by the Subordinate Judge.
(2.)Though possession of property was taken on 6th November, 1959, a Notification under section 4 of the Act was made on 25th February, 1960 which is therefore the date on which the market value has to be determined. The Subordinate Judge has found, and it is not disputed, that S.Nos. 9, 10 and 11 of Jupudi Village are adjacent to S.No. 3 of Ibrahimpatnam. In this case, one document on which reliance can be placed is Exhibit C-4. dated 17th December, 1956 by which the land acquired had been settled on the claimant by Adusumilli Yesodamma. In that settlement-deed, the properties were valued at Rs. 1,000 per acre, though she retained a life interest only in five acres out of the said land. Exhibit C-1, dated 5th June, 1954 is nearly six years prior to the date of Notification and it cannot be taken into account. The other sale-deeds which are relied on are Exhibits C-3, C-5, C-7 and C-6 and the sale-deed dated, 10th February, 1959, relating to S. No.11/1 noted as Item 27 of the registration Statistics in the Award of the Land Acquisition Officer. According to Exhibit-C-3, dated 17th October, 1958, C-5, dated 17th October, 1958 and Exhibit C-7 dated 10th September, 1959 the market value is Rs.1,000 per acre. It may also be mentioned that the sale-deed for Item 16 in the Statistics, which is of the year 1958, works out at Rs. 727-27 while Item 20 (Exhibit C-6 dated 10th February, 1959) works out at Rs. 854-70 P. per acre. There is no evidence as to why in respect of these two sale-deeds the price is less. That apart, when there are sale-deeds whose genuineness has not been questioned with higher vauluation, the Courts are justified in accepting that as the market value. Therefore, on the strength of Exhibits C-3, C-5 and C-7, it must be held that the market value by the end of 1958 and in February, 1959 was Rs.1,000 per acre. Item 27 in the Statistics is sale-deed, dated 10th February, 1960 for Acre 0-20 cents of land is S.No.11/1 which also works out at Rs.1,000 per acre.
(3.)We have already mentioned that the date of Notification under section 4 of the Act in the instant case is 25th February, 1960. Therefore, this is the sale-deed nearest in point of time to the date of Notification and on the strength of this sale-deed, the market value has to be fixed at Rs.1,000 per acre.


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