LAND ACQUISITION OFFICER Vs. A. MURIKAYYA AND OTHERS
LAWS(APH)-1992-2-87
HIGH COURT OF ANDHRA PRADESH
Decided on February 13,1992

LAND ACQUISITION OFFICER Appellant
VERSUS
A. Murikayya And Others Respondents


Referred Judgements :-

S. SURYANARAYANA V. STATE OF ANDHRA PRADESH [REFERRED TO]
MEHTA RAVINDRARAI AJITRAI VS. STATE OF GUJARAT [REFERRED TO]
SINGARENI COLLERIES COMPANY LTD VS. V SATYANSRAYANA MURTHY [REFERRED TO]
L A O VIJAYAWADA THERMAL STATION VS. NUTALAPATI VENKATA RAO [REFERRED TO]


JUDGEMENT

Radhakrishna Rao, J. - (1.)(Oral) - This appeal arises out of O.P. No. 119 of 1979 on the file of the Principal Subordinate Judge, Srikakulam by which the learned Judge granted compensation at Rs. 1,75,000.00 per acre for the lands acquired belonging to the respondents. An extent of Ac. 3.96 cents in S. Nos. 212/1, 213, 214 and 215 belonging to 11 claimants situate in Gunapalem village of Srikakulam Taluq was acquired by means of a notification dated 13.7.1972 issued under section 4 (1) of the Land Acquisition Act ('the Act' for brevity) for providing house sites to Scheduled Caste community people. The Land Acquisition Officer, Srikakulam by his award dated 21.11.1975 fixed the compensation at Rs. 15,000.00 per acre. At the instance of the claimants the matter was referred to the Civil Court under section 18 of the Act. Before the Civil Court, on behalf of the claimants, P.Ws. 1 to 10 were examined and Exs. A1 to A 45 were marked. On behalf of the Referring Officer only R.W. 1 was examined and Exts. B1 to B 4 were marked. On a consideration of the evidence on record, the learned Subordinate Judge granted Rs. 1,75,000.00 per acre as against the claim of Rs. 50.00 per sq. yard.
(2.)Aggrieved against the said award of compensation at a high rate, the State filed this appeal. The claimants also filed cross-objections claiming Rs. 50.00 per sq. yard.
(3.)In the case of land acquisition for a public purpose, the date of publication of the Notification under section 4 (1) of the Act alone is the crucial date that has to be taken into consideration. In this case the Notification was published in the official Gazette dated 13.7.1972. While determining the compensation the Court shall take into consideration the provisions of sections 11 and 23 of the Act. Some High Courts have already expressed the view that subsequent sale deeds can be taken into consideration as they still threw light with regard to the price trend in that locality and the rates that were prevailing in a particular area.
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