- (1.) We have heard the learned counsel on both sides.
(2.) Notification under Section 4 (1 of the Land Acquisition Act, 1894 (for short, "the Act") was published on 5/3/1983 acquiring 33 acres 84 cents of land in Village Srungavruksham in Bhimavaram Taluk, West Godavari District, A. P. for construction of FCI godowns. The Land Acquisition Officer in his award made under Section 11 on 30/3/1984 determined compensation at the rate of Rs. 32,500. 00 per acre for wet land and @ Rs. 32,000. 00 per acre for dry land. On reference, the Subordinate Judge, Bhimavaram enhanced the compensation to Rs. 90,000. 00 per acre by his award and decree made under Section 26 on 27/12/1988. On appeal, the division bench of the A. P. High court by order dated 25/10/1991 in As. Nos. 1392, 1393 and 1394 of 1989 set aside the award of the Reference court and confirmed that of the Land Acquisition Officer. Thus, these appeals by special leave.
(3.) Though the claimants have relied upon voluminous sale transactions running into as many as 20 sale transactions, Exs. A-1 to A-20 all, except Ex. A-4, are post-notification sales. So they cannot be relied upon as comparable ones. The only relevant document in this case is the sale deed, Ex. A-4 dated 17/6/1982 in respect of land admeasuring 5 cents sold for a sum of Rs. 7,500. 00. The Reference court dealing with all the sale transactions granted compensation @ Rs. 90,000. 00 per acre. When a large extent of land of 33 acres 84 cents is acquired for the purpose of constructing godowns, no willing prudent purchaser would offer to purchase the land at the rate of Rs. 90,000. 00 per acre based on a mere sale deed Ex. A-4 involving 5 cents of land. The Reference court, therefore, was obviously in gross error in relying upon that document apart from other documents, in determining the compensation.;