- (1.) Leave granted.
(2.) We have heard the counsel on both sides. Notification under Section 4(1) of the Land Acquisition Act was published on January 3, 1980 acquiring 5108-2/3 sq.yds. in Survey Nos. 248/2, 249/2, 300/1 and 26767 sq.ft or 2974-1/4 sq.yds. in temporary Survey No. 249/3 and 300/2 situated in the middle of Narasaraopet Town, Guntur District, Andhra Pradesh for construction of Telephone Exchange Building, Microwave Building and Microwave Tower. The appellant has laid his claim for a sum of Rs.80/- per sq.yd. The Land Acquisition Officer in his award under Section 9 determined the compensation @ Rs.40/- per sq.yd on March 30, 1980. On reference under Section 18, the subordinate Judge, Narasaraopet in his award and decree dated December 15, 1982 enhanced the compensation at Rs. 75/- per sq.yd. The High Court on appeal by the State as well as by the claimants reduced the compensation to Rs.56/- per sq.yd. Thus these appeals by special leave. The State did not file any appeal.
(3.) The Subordinate Judge relied on Ex.A-1 to A-4 sale deeds dated September 16, 1978 executed in respect of 43 sq.yds., 69 sq.yds., 104 sq.yrds., 149 sq.yds. respectively, which worked out at the rates between Rs. 71/- to Rs. 75/- per sq.yd. Based thereon, the Subordinate Judge enhanced the compensation to Rs.75/- per sq.yd. The High Court concluded that since the lands covered in the sale transactions relate to the small pieces of land, they did not commend the same price for the total extent of the land to the acquisition covering 5,000/- and odd sq.yds. Accordingly, reduced the compensation in the impugned judgment made in A. S. Nos. 2629/86 and 1183/84 dated February 21, 1992.;