Decided on March 31,1992



Iyyapu Panduranga Rao, J. - (1.)Acs. 4-28 guntas of land covered by S Nos. 60-A of Kokaguda village R R District along with other land measuring Acs. 105-18 guntas was sought to be acquired for defence purpose under notification dt; 18-9-80. The Land Acquisition Officer having considered the document No. 1294/78 dt; 18-5-78, document No. 12/80 dt. dt; 25-10-80, document No. 255/80 dt. 13-11-80 etc and awarded compensation at Rs. 30/- per sq. yard. Alleging that the compensation awarded by the Land Acquisition Officer was low, the claimant moved the civil court under Sec. 18 of the Land Acquisition Act (in, short 'the Act') claimed compensation at Rs. 150/- per sq yard. Before the Civil Court while the claimant has examined himself as PW 1. Deputy Tahsildar was examined as RW 1 on behalf of the Land Acquisition Officer. No other oral evidence was adduced before the Civil Court. While claimant filed Ex. A1 to A9, on behalf of the Land Acquisition Officer the award dt: 16-7-82 is marked as Ex. B1 while the connected proceedings are marked as Ex. B-2. Having considered the oral and documentary evidence adduced before him, the learned Subordinate Judge awarded compensation at Rs. 108/- per sq. yard while directing deduction of 20% of the land in question for public convenience like roads etc. Alleging the cempensation awarded by the Civil Court is excessive the Government filed this Appeal.
(2.)Before proceeding further it is to be seen that the land under acquisition is situated at Kokaguda village, which is mostly a contonment area. Speaking to the potentialities of the land under acquisition the Civil Court observed as follows:
"The Lands under acquisition are dry lands and classified as dry lands in Settlement and Revenue records. In close proximity of these lands, several Housing colonies have conic up and a huge scale building activities is noticed in the adjacent lands the lands under acquisition are mostly levelled lands fit for construction of houses. Further these lands under acquisition are mostly levelled lands fit for construction of houses. Secunderabad City is about one K M from the Secundrabad club. Most of the vacant lands surrounding the lands under acquisition have been acquired by the housing colonies and no vacant site or lands are available. As a result the present market value of the lands have been increased in this village and in the neighbouring villages".

(3.)Thus it is evident that the lands are registered dry lands, fit for construction of houses being levelled lands. It is also true that some Housing Colonies have come up nearby the land under acquisition as evidenced by the topo sketch marked .in Ex. A9. It is also to be seen that there are three Housing Colonies, viz, Vasavi colony in S No. 62; Vikrampuri colony in S Nos, 37 and 38 and Isaq colony to the west of the land under acquisition. From the evidence of the witnesses examined it is also in evidence that S No. 31/1 abuts national high-way, leading to Bombay on the south and on the north of the national High Way, the entire land belongs to the Defence Department where no houses are permitted to be constructed, probably in view of existence of firing range etc. In the land under acquisition, permission will be accorded for construction of buildings only for the ground floor and first floor and there is restriction on the alienations, being the contonment area.

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