MANDAL REVENUE OFFICER Vs. JAGANNADHAS WAMYVARI TEMPLE
LAWS(APH)-1992-3-30
HIGH COURT OF ANDHRA PRADESH
Decided on March 26,1992

MANDAL REVENUE OFFICER Appellant
VERSUS
JAGANNADHASWAMYVARI TEMPLE Respondents





Cited Judgements :-

P RAM REDDY VS. L A O HUDA [LAWS(APH)-1993-4-1] [REFERRED TO]
B NARASIMHA REDDY VS. R D O [LAWS(APH)-1995-9-63] [REFERRED TO]


JUDGEMENT

G.Radhakrishna Rao, J. - (1.)This is an appeal filed by the Government against the order of the learned Subordinate Judge, Rajam in O.P. No.15 of 1987 enhancing the compensation from Rs.15,000/- per acre awarded by the Land Acquisition Officer to Rs.30/- per square yard or Rs.1,45,200/- per acre.
(2.)The facts leading to the filing of the appeal, in brief, are as follows:- Anextent of Ac.21-81 centsof land belonging to Sri Jagannadha Swamy Vari Temple situated at Palakonda, Sirkakulam District was sought to be acquired by means of a notification under Section 4(1) of the Land Acquisition Act (for short "the Act") dated 18-2-1981 for the purpose of providing house-sites to the weaker sections of the Society at Palakonda. The Commissioner of Endowments, who is the Head of the Department of Endowments and who has control over the temple in question, by his letter D.Dis.M2/20537/80 dated 28-4-1980agreed to the said acquisition of the temple land subject, however, to the condition of paying compensation at the rate of Rs.10,000/- per acre. Due to some litigation connected with the said land, the acquisition could not be effected upto the year 1986. In the year 1986, certain portion of the land which is sought to be acquired was deleted from acquisition and set apart for some public purpose and an errata was published to that effect. The Land Acquisition Officer after due enquiry under Section 5-A of the Act and basing upon a series of sale transaction during that particular period in that area, arrived at a conclusion that an amount of Rs.15,000/- per acre would be the reasonable amount of compensation for the temple land, though the Commissioner of Endowments has categorically agreed for a sum of Rs.10,000/- towards compensation. He accordingly awarded compensation at Rs.15,000/- per-acre.
(3.)Inspite of the written admission of the Commissioner of Endowments that their department would be satisfied if a sum of Rs.10,000/- per acre is granted towards compensation, curiously however, the matter was referred to the Civil Court under Section 18 of the Act. The Executive Officer of the Sri Jagannadhaswami Van Temple was examined as R.W.1 on behalf of the claimant and Exs.B-1 to B-3 were marked. Sri A. V. Ramana Murthy, the Deputy Tahsildar was examined as D.W.1 onbehalf of the Land Acquisition Officer and Exs.A-1 to A-10 were marked.
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