SPECIAL DEPUTY COLLECTOR Vs. P BASAVESWARA RAO
LAWS(APH)-1992-2-53
HIGH COURT OF ANDHRA PRADESH
Decided on February 06,1992

SPECIAL DEPUTY COLLECTOR Appellant
VERSUS
P.BASAVESWARA RAO Respondents


Referred Judgements :-

SPECIAL DEPUTY COLLECTOR VS. K ACHAMMA [REFERRED TO]


JUDGEMENT

Iyyapu Panduranga Rao, J., - (1.)Ac.3-05 cents belonging to the respondent covered by S.No.503/3 of Gollapudi village along with some other land totalling Ac.15-81 cents were acquired for construction of a market yard asper the notification dt.20-1-1977 issued under Sec.4(l) of the Land Acquisition Act, 1894 (in brief 'the Act'). On 8-5-1981 the Collector passed award No.1/1981 awarding compensation at the rate of Rs.21,700/- per acre. Aggrieved by the same, the respondent approached the learned Principal Subordinate Judge, Vijayawada under Sec.18 of the Act and the learned Subordinate Judge as per the Judgment dt. 10-8-82 increased the compensation to Rs.1,20,000/- per acre. Aggrieved by the same, the appellant Government filed this appeal. Alleging that the respondent-claimant is entitled to compensation at the rate of Rs.1,50,000/- per acre, the respondent preferred cross-objections.
(2.)The only point for consideration is what was the just compensation payable for the land under acquisition. The notification u/s.4(1) of the Act was issued on 20-1-77 relating to this matter. Before the learned Principal Subordinate Judge, the respondent has examined himself as P.W.I. He filed five documents speaking to the market rate of the land in question, i.e., Exs.A-1 to A-4 and A-6. Exs.A-1 relates to 5 1/2 cents of land covered by S.No.507. Exs.A-1 is dt. 26-12-1975. The land relates to Gollapudi village and the consideration paid under Exs. A-lis Rs.3,500/-. Exs.A-2 is the sale deed dt.24-12-1975 relating to 0-23 cents of land covered by S.No.507/1 of Gollapudi village and the consideration paid thereunder is Rs.13,500/- Exs. A-3 is the sale deed dt.25-12-75 for 0-22 cents of land covered by S.No.507 of Gollapudi village for Rs.13,400/-. Exs. A-4 is the sale deed dt.24-12-1977 regarding 266 sq. yards of site covered by S.No.506/1 for Rs.5,000/- Ex. A-6 is the registered agreement of sale dt.23-2-1972 regarding 1086 sq. yards of site for Rs.26,000/-. This land is situated at Bhavanipuram, while lands covered by Exs.A-1 to A_3 are situated at Gollapudi village. While increasing the compensation from Rs.21,700/- as awarded by the Land Acquisition Officer, to Rs.1,20,000/- the learned Principal Subordinate Judge observed as follows:-
".... But there is positive proof to show that on 17-5-1975, an agreement of sale was entered into for 5 acres of land in R.S.No.506/1 at Rs. 90,000/- per acre which ultimately materialised into actual salesand sale deeds were executed from 1977 and onwards till 1980 and in those circumstances, the agreement of sale dt. 17-5-1975 for Rs.90,000/- per acre may be safely taken into account for arriving at the market value of the land on 20-1-77 by making some correct guess work and arrive at minimum Rs.1,20,000/- peracre."

(3.)Thus the learned Principal Subordinate Judge relied upon the agreement dt.17-5-75 to arrive at the conclusion that as on the said date, the market value of the land covered by R.S.No.506/1 of Gollapudi viillage was Rs.90,000/- per acre and from 1975 to 1977, escalation has got to be provided for and Rs. 30,000/- per acre was given to cover the said escalation and awarded Rs. 1,20,000/- per acre.
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