Venkatachala, J. - (1.) Having granted leave to appeal sought for in the above Special Leave Petitions directed against the common judgment and decree dated 19-4-1993 rendered in Appeals Nos. 1565 and 2087/91 by the High Court of Andhra Pradesh at Hyderabad and heard arguments of learned counsel appearing for the contesting parties in the appeals, we propose to dispose of all these appeals by this common judgment.
(2.) Sri P. Ram Reddy, the appellant in appeals arising out of S.L.P.s, Nos. 13362-63/93 and respondent in appeal arising out of S.L.P. No. 18202/93, to be referred to hereinafter as the claimant, was the owner in possession of dry land of, as large an extent as, 10 acres 17 guntas comprised in Survey Nos. 48/24 and 48/26 of Katedhan Village lying in the outskirts of Hyderabad. One acre 25 guntas of land out of 5 acres 22 guntas of land in Survey No. 48/24 and 2 acres 15 guntas of land out of 4 acres 35 guntas of land in Survey No. 48/26 were the lands included in the total extent of 14 acres and 35 guntas of land proposed to be acquired by Hyderabad Urban Development Authority "HUDA" for formation of inner ring road required to connect old Karnool Road with Hyderabad-Bangalore National Highway No. 7, under Land Acquisition Act, 1894 as amended by Act 68 of 1994 the L.A. Act, by a Notification under Section 4(1) thereof, published in the modes prescribed thereunder, by issuance of public notice in the locality on 2-9-1985. The acquisition of the said lands having been completed by a declaration made and published under Section 6 of the LA Act, notice under Section 9 was issued to the claimant calling upon him to make his claim for compensation of the acquired land before the Land Acquisition Officer of the HUDA - hereinafter to be referred to as "the LAO". In response to the said notice, the claimant claimed award of compensation by the LAO for his acquired lands at the rate of Rs. 150/- per square yard apart from the statutory benefits which he was entitled to get under the LA Act. The LAO, by his award made under Section 11 of the LA Act, determined the market value of the claimants acquired land at Rs.12 per square yard and awarded to him the amount of compensation together with statutory benefits. Since that award of the LAO was unacceptable to the claimant, he made an application to the LAO under Section 18 of the LA Act and got the application referred to the Court of the Subordinate Judge, Ranga Reddy District - "Civil Court", for determination of the just compensation payable to him. On that reference registered as A.S. 129/88, the Civil Court held the inquiry as required by the LA Act and on the basis of the inquiry so held, determined the market value of the claimants lands at Rs. 80 per square yard and accordingly made an award and decree dated 18-4-1991 together with the statutory benefits. That award and decree being appealed against in the High Court by the claimant and the LAO respectively in A.S. No. 1565/91 and A.S. No. 2087/91 the former seeking grant of further enhanced compensation and the latter seeking reduction in the granted compensation. Both the appeals being clubbed together and heard by the Division Bench of the High Court, the market value of the claimants land was reduced to Rs. 32 per square yard with proportionate reduction in the statutory benefits, by its common judgment and decree rendered on 19-4-1993. While the claimant questioned the correctness of the said judgment and decree of the High Court by filing appeals arising out of S.L.P.s Nos. 13362-13363/93, the LAO challenged the correctness of the same judgment and decree by filing Appeal arising out of S.L.P. No. 18202/93, as stated at the outset. The above stated facts make it clear that the LAO, by his award (Ex. B-l) fixed the value of the acquired land at Rs. 20 per square yard on the basis of the value fetched by sale of residential building plots at Rs. 20 per square yard under Sale Deed dated 14-10-1982 whereunder 200 square yards of plot in Survey No. 48/13 of Katedhan Village was sold at Rs. 20 per square yard (Ex. B-3; sale deed dated 16-10-1982 whereunder 200 square yards plot in Survey No. 48/14 was sold at Rs. 20 per square yard (Ex. B-4; and Sale Deed dated 1-2-1983 whereunder 200 square yards plot in Survey No. 48/12 had been sold at Rs. 20 per square yard, Ex. B-5. However, he fixed the market value of the acquired land at Rs.12 per square yard by deducting 40% area towards layout losses. He granted statutory benefits also payable for the acquired land. It also becomes clear from that award that the sale deeds were seen and the local inspection had been held by the LAO before making that award.
(3.) The Civil Court by its judgment and decree, which is referred to by us earlier, enhanced the market value of the acquired land to Rs. 80 per square yard relying upon the amounts of consideration mentioned under sale deeds and gift deeds (Exs. A-1 to A-5) and also the probable value of building plots in the locality of the acquired lands mentioned in Ex. A6 the extract of Basic Valuation Register, after making certain percentage of deduction out of such amount or value towards what is called as "lay-out losses".;