LAND ACQUISITION OFFICER AND SUB COLLECTOR VIJAYAWADA AND Vs. CHIGURUPATI UMAMAHESWARA RAO
LAWS(APH)-1992-6-6
HIGH COURT OF ANDHRA PRADESH
Decided on June 15,1992

LAND ACQUISITION OFFICER AND SUB-COLLECTOR, VIJAYAWADA Appellant
VERSUS
CHIGURUPATI UMAMAHESWARA RAO Respondents





Cited Judgements :-

K BHASKAR RAO VS. K A RAMA RAO [LAWS(APH)-2010-4-59] [REFERRED TO]
NATIONAL RUBBER WORKS VS. DAISY MANTOSH [LAWS(CAL)-2002-12-17] [REFERRED TO]
RAMASWAMY VS. MUTHUSWAMY GOUNDER [LAWS(MAD)-1996-9-70] [REFERRED TO]
O SYED ABBAS VS. SREE SHYAM SAYI CORPORATION [LAWS(MAD)-2001-8-59] [REFERRED TO]


JUDGEMENT

- (1.)The State Government acquired two extents of lands in Bhavanipuram on the outskirts of Vijayawada town--(i) approximately 110 acres for construction of houses for middle and low income group people by the A. P. Housing Board; and (ii) acres 9-30 cents for providing house sites to members of weaker sections. In respect of the land acquired for construction of houses by the Housing Board, the notification under Section 4(1) of the Land Acquisition Act was issued on 02-4-1980, and the draft declaration under Section 6 of the Act was made on the same day. The Land Acquisition Officer, after taking into consideration 151 sale deeds relating to lands in the contiguity and of comparable nature covering the period 1977 to 31-3-1980, determined the market value of the land at Rs. 37,600.00 per acre exclusive of the solatium and other statutory benefits. The claimants sought a reference to civil court under Section 18 of the Act contending that the market value should be determined at Rs. 3,00,000.00 per acre. The Principal Subordinate Judge, Vijayawada, in O.P. No. 390/82 passed the award on 30-6-1986 determining the market value of the land acquired at Rs. 1,25,000.00 per acre exclusive of the permissible statutory benefits. Several appeals were preferred to this Court; a learned single Judge of this Court directed, at the interlocutory stage, to deposit the entire amount of compensation awarded by the Civil Court. Against that order, Letters Patent Appeals were preferred and a Division Bench of this Court directed the Land Acquisition Officer to deposit half of the amount of compensation awarded.
(2.)As regards the 9 acres and 30 cents of land acquired for providing house-sites to weaker sections, the notification under Section 4(1) of the Act was issued on 05-1-1979, and the Land Acquisition Officer, after following the procedure prescribed by the Act, passed the award on 26-3-1981 determining the market value of the acquired land at Rs.34,200.00 per acre exclusive of other permissible statutory benefits. On a reference under Section 18 of the Act, the Civil Court in O.P. No. 266/81 enhanced the market value to Rs. 1,52,875.00 per acre exclusive of the other statutory benefits. A.S. No. 506/ 83 was preferred against the above O.P.
(3.)The claimants as well as the Land. Acquisition Officer have filed these miscellaneous petitions seeking permission to adduce additional evidence. On behalf of the Land Acquisition Officer, in respect of the 110 acres of land acquired by the Housing Board, six documents are filed as additional evidence; in regard to the 9 acres and 30 cents of land acquired for providing house-sites to weaker sections, two documents are filed as additional evidence. On behalf of the claimants two sale agreements dated 27-4-1982 and one sale deed of the year 1988 are filed as additional evidence.
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