LAND ACQUISITION OFFICER SUB COLLECTOR VIJAYAWADA Vs. HINDUSTAN COMMERCIAL AND TRANSPORT CO P LTD
HIGH COURT OF ANDHRA PRADESH
LAND ACQUISITION OFFICER, VIJAYAWADA
HINDUSTAN COMMERCIAL AND TRANSPORT CO. (P) LTD
Referred Judgements :-
VIJAYAWADA THERMAL STATION VS. NUTALAPATI VENKATA RAO
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G.Radhakrishna Rao, J. -
(1.)The appellant preferred this appeal being aggrieved by the Judgment and decree dated 20-9-1982 in O.P.No.268/81 on the file of the Principal Subordinate Judge, Vijayawada enhancing the compensation to Rs.1,75,000/- per acre for Ac.4.55 of land in R.S.No.65/AlA as against the rate of Rs.30,000/- per acre fixed by the Land Acquisition Officer.
(2.)The Land Acquisition Officer, after considering the potentialities of the land duly taking into account the importance of that area and the sale-statistics furnished by the concerned authorities, valued the land under acquisition i.e., Ac.4.55 cents at Rs.30,000/- per acre. Section 4(1) notification was published in the official gazettee on 29-10-1975. Award was passed on 5-3-1981. On reference under Section 18 of the Land Acquisition Act, the learned Subordinate Judge took into consideration Exs.A-1 to A-16, B-1, B-2 and other oral evidence adduced on both sides and awarded Rs.1,75,000/- per acre. It must be noticed here, that the claimant sought enhancement of compensation to Rs.1,75,000/- per acre and the same was accorded by the lower Court in toto.
(3.)Learned counsel for the respondent claimant mainly contended that the learned Judge having carried away by the importance of the area, failed to take note of the legal effect of the document that was filed in support of the claim. It is true that post-notification sales will be of some help to the court to consider the increase of the rates in that particular area, but they cannot by themselves, be sole factors to be taken into consideration for fixing the value as available as on the date of notification. The crucial date for considering the market value that has been fixed by taking into account the comparable transactions is the date of Section 4(1) notification.
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