LAND ACQUISITION OFFICER REVENUE DIVISIONAL OFFICER CHITTOR Vs. L KAMALAMMA DEAD

JUDGEMENT

(1.) Leave granted.

(2.) An extent of land measuring 10 acres 1 cent comprised in different survey numbers situated at Puttur adjoining Govindapalem of Chittoor District was notified for acquisition under Section 4(1) of the Land Acquisition Act (hereinafter referred to as "the Act") in the Gazette on 28th April, 1977. After issuing final notification under Section 6 of the Act, the Land Acquisition Officer passed an award on 28-2-1981 determining the compensation payable in respect of the lands in question. He grouped the lands into five categories and paid at different rates of compensation. So far as lands which were classified by him as non- agricultural, he fixed a compensation of Rs. 50/- per sq. yard to the 1st and 2nd group and at Rs. 45/-, 40/- and 35/- per sq. yard to the rest of the groups depending upon their locations. He also classified certain lands as agricultural lands and awarded a compensation of Rs. 9379/- per acre and Rs. 13,334/- per acre depending upon their locations. On a reference made under Section 18 of the Act to the Civil Court, the award made by the Land Acquisition Officer was modified having found that classification into agricultural and non-agricultural lands or into four groups in non-agricultural lands was not sustainabale and entire land had a potentiality of being used for building purposes and, therefore, the compensation was fixed at Rs. 100/- per sq. yard. The matter was carried by the Land Acquisition Officer in appeal to the High Court under Section 54 of the Act and certain claimants also filed cross appeals. The High Court took into consideration that in Puttur town, the trend of the price was on the rise at a fast pace and bearing in mind the future potentiality of the land in question in comparison to sales of similar lands accepted the rate fixed by the Reference Court, however by reducing by 25 per cent thereof inasmuch as 1/4th of the land will have to be reserved for drains, sewers, roads and such other amenities to be provided in the lay out that may be formed subsequently.

(3.) Another piece of land measuring about 1 acre 35 cents was also acquired under a Notification under Section 4 (1) of the Land Acquisition Act published in gazette on 15-3-1974 for the same purpose and the Land Acquisition Officer determined compensation payable at Rs. 10,526/- per acre while on Reference, the Civil Court enhanced the same to Rs. 100/- per sq. yard and the High Court on appeal fixed the market value at Rs. 125/- per sq. yard. The compensation was reduced by Rs. 30/- per sq. yard following its decision to which we have referred to now. These two appeals are preferred by the Land Acquisition Officer.