LAND ACQUISITION OFFICER Vs. MAREPALLI SAVITRAMMA
HIGH COURT OF ANDHRA PRADESH
LAND ACQUISITION OFFICER, (REVENUE DIVISIONAL OFFICER), APPELLANTS IN APPEALS RAJAHMUNDRY
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Radhakrishna Rao, J. -
(1.)These appeals and the revision petitions arise out of a common Notification issued on 25-8-82 by the Land Acquisition Officer, Rajahmundry under Sec.4(1) of the Land Acquisition Act, ('the Act' for brevity). On reference at the instance of the claimants, the learned Subordinate Judge, Rajahmundry, passed separate orders in different O.Ps. filed by the claimants. As these appeals and revision petitions involve common points and common questions of law, they may be disposed of by a common judgment.
(2.)The District Manager, Food Corporation of India, Kakinada, has sent a requisition dated 23-4-1982 to the Land Acquisition Officer and Revenue Divisional Officer, Rajahmundry (hereinafter referred to as 'the Referring Officer') for acquisition of 52.43 cents in Dowlaiswaram village and Ac.4.72 cents in Bommuru village of Rajahmundry Taluk, belonging to the claimants for the purpose of construction of godowns of 30 tonnes capacity for storage of foodgrains. Accordingly, the Land Acquisition Officer initiated proceedings for acquisition of the said lands and issued a draft notification under Sec.4(l) of the Act which was published in the Andhra Pradesh Gazette dt.25-8-82. An enquiry under Sec.5 of the Act was conducted on 10-11-82 and the Draft Declaration under Section 6 of the Act was published in the Gazette dt.16-2-83 and the lands in question were taken possession of by the Food Corporation of India (the beneficiary) on 9-4-83.
(3.)Though the extent of land covered by the notification is Ac.57-37 cents, the actual area that was acquired is only Ac.57-11 cents. After considering nearly 37 sales of Bommuru village and 13 sale deeds of Dowlaiswaram village, the Referring Officer passed the award fixing the market value of the land at Rs.63,000/- per acre. While considering the sale deeds, he mainly relied upon sale item No.12 in S.No.2 dt.31-5-82. The extent of land sold is 0-8 cents at Rs.58,333/- per acre. Considering the potential value of the land and its location, he fixed the value of the land in question at Rs.63,000/-per acre.
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