SPECIAL DEPUTY COLLECTOR L A Vs. TEKUMALLAVARAHA NARASIMHAM
LAWS(APH)-1992-3-73
HIGH COURT OF ANDHRA PRADESH
Decided on March 04,1992

SPECIAL DEPUTY COLLECTOR, LAND ACQUISITION, UNIT VI, STEEL PLANT, VISAKHAPATNAM Appellant
VERSUS
TEKUMALLAVARAHA NARASIMHAM Respondents


Referred Judgements :-

RAJAMMAL VS. HEAD QUARTERS DEPUTY COLLECTOR [REFERRED TO]
ELIAS M.COHEN VS. SECY [REFERRED TO]
STATE OF MADRAS VS. REV BROTHER JOSEPH [REFERRED TO]
KOYAPPATHODI M AYISHA UMMA VS. STATE OF KERALA [REFERRED TO]
KOMPALLI NAGESWARA RAO VS. SPECIAL DEPUTY COLLECTOR LAND ACQUISITION BAPATLA [REFERRED TO]


JUDGEMENT

G.Radhakrishna Rao, J. - (1.)An extent of Acs.19-78 cents belonging to the claimants was acquired for the purpose of construction of the steel plant. Out of this land Acs.15-00 is a tope and the remaining is vacant land i.e., Acs.4-78 cents, without any trees. The Land Acquisition Officer awarded a sum of Rs.1,037-93 p. per hectare so far as the vacant land is concerned and with regard to the remaining land capitalisation methodhas been applied and awarded a sumof Rs.1,85,037-00. Being dissatisfied with that the claimants filed an application under Sec.18 of the Land Acquisition Act for reference to the Civil Court, The matter has been referred and the same was numbered as O.P.No.167/83, After reference the son of the claimant is examined as P.W.1. P.Ws.2,3 and 4 were examined to prove the income that is being derived from the land. P.W-5 is an expert on the agricultural side. Exs.A-1 to A-8 were marked. On behalf of the referring Officer none were examined. The learned Subordinate Judge by taking into consideration the oral and documentary evidence came to the conclusion that the vacant land can be valued at Rs.30000/- per hectare. So far as the trees are concerned after considering the evidence of P.W-5 came to the conclusion that 8 times of the basic value can be granted.
(2.)The steel plant authorities, for whose benefit the land has been acquired, has filed the appeal only to the extent of the compensation awarded to the vacant site only. The claimants have filed the cross-objections questioning the valuation fixed for the trees and limiting the appeal to Rs.3 lakhs only, even though according to the claimants the claim is more than Rs.8 lakhs.
(3.)It is contended by Sri N.V.Ranganadham, the learned counsel for the claimants that when once the land that is covered by Ex.A-5 was valued at Rs.14000/- per acre, the lower court was not justified in awarding a lesser' amount. The evidence of P.W-1 shows that the lands are more superior and more income fetching either in terms of yield or site value than the house sites in Appikonda village. Appikonda village is at a distance of about 8 K.Ms. from Visakhapatnam city limits. As such the claimants are entitled for the same value offered for the lands in the other O.P. Ex.A-5 has become final. So in view of that we felt that Rs.14,000/- per acre would be the reasonable compensation so far as the vacant land is concerned i.e., Acs.4-78 cents.
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