IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE NOUSHAD ALI
A.S. No.1363 of 2000
Between:
Gutta Venkateswara Rao AND The Land Acquisition Officer-cum- Sub Collector, Vijayawada, Krishna District . APPELLANT . RESPONDENT The Court made the following:
THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON'BLE SRI JUSTICE NOUSHAD ALI
A.S. No.1363 of 2000
JUDGMENT: (per Hon’ble Sri Justice V.Eswaraiah)
The appellant is the claimant. The respondent is the Land Acquisition Officer. An extent of 2.18 cents situated in RS.No.484/1 of Paritala village, Kanchikacherla taluq of Krishna District was acquired for the purpose of providing house sites pursuant to the notification issued under Sec.4(1) of the Land Acquisition Act, published in the District Gazette on 13.12.1982.
2. The Land Acquisition Officer passed the award No.1/1984 dated 29.02.1984 awarding total compensation of Rs.25,070/- for the acquired land fixing the market value of the acquired land @Rs.10,000/- per acre relying upon a sale transaction dated 18.05.1982, under which the land of an extent of Ac.2.25 cents was sold for Rs.22,000/- @Rs.10,000/- per acre. The claimant claimed compensation at the rate of Rs.1,00,000/- per acre. Aggrieved by the award passed by the Land Acquisition Officer, the claimant made an application on 05.04.1984 requesting the Land Acquisition Officer to refer the matter to the civil court for fixation of just and reasonable compensation. Pursuant to the said application the matter was referred to Civil Court under Sec.18(1) of the Land Acquisition Act in O.P.130/1984. A counter was filed in the said O.P. stating that the compensation fixed @ Rs.10,000/- per acre is just and reasonable and the claimant is not entitled for any enhancement of compensation.
3. The claimant was claiming the market value of the acquired land @Rs.1,00,000/- per acre relying on Ex.A1 sale deed dated 25.08.1981 and Ex.X1 sale deed dated 07.02.1989. It is stated that the acquired land is situated in a developed residential area and has got house site value and he used to raise commercial crops like chillies, cotton, tobacco etc., and the yield will be 10 quintals per acre. It is also stated that there are structures in the said acquired land and the Court below has not fixed any compensation for the structures.
4. In support of the case of the claimant, the claimant himself was examined as PW 1, and got examined PWs 2 to 4 and marked Ex.A1 on his behalf. The extract of the registered sale deed dated 07.02.1989 was marked through PW 4 as Ex.X1.
5. It is the case of the claimant that the acquired land is fit for house sites. The claimant as PW 1 stated that the present market value of the land in vicinity is at Rs.75,000/- per acre and the annual income thereon will be Rs.8,000/- to Rs.10,000/- per year. But no document is filed in support of his evidence. PWs 2 and 3 stated that they got lands adjacent to the acquired land but they failed to file any document to show that they are having lands abutting the acquired land and that the value of the land in the vicinity was more than Rs.10,000/- per acre at the time of acquisition of land. PW 4 is the purchaser of the land covered under Ex.X1 registered sale deed dated 07.02.1989. He stated that he purchased the land under Ex.X1 @Rs.13,000/- per cent that means @Rs.13 lakhs per acre.
6. We have perused the records. In so far as Ex.X1 is concerned, it is admittedly a sale transaction of the year 1989 which is more than after 7 years of the acquisition proceedings. Therefore, the market value of land as mentioned in Ex.X1 cannot be taken.
7. The claimant claimed compensation relying on Ex.A1 sale deed dated 25.08.1981 which is one year prior to the acquisition proceedings. Under Ex.A1 sale deed Ac.0.68½ cents was sold for a sum of Rs.17,180/- @Rs.26,000/- per acre. The land covered by Ex.A1 is situated in RS.No.480/1 of Nakkalampet H/o.Paritala whereas the land acquired is situated in RS.No.484/1 of Paritala village. The Court below did not consider the market value covered under Ex.A1 on the ground that the land covered under Ex.A1 was on higher level than the road whereas the land acquired was on lower level than the road and there is burial ground nearby the acquired land.
8. The Land Acquisition Officer while fixing the rate of the acquired land of the claimant did not consider the sale transaction under Ex.A1 on the ground that the acquired land is in lower level than the land covered under Ex.A1 and there is a burial ground nearby the acquired land, and also on the ground that the transaction under Ex.A1 is with regard to a small extent less than one acre. But having relied on a sale transaction dated 18.05.1982, the land under which is situated in RS No.17/2, fixed the market value of the acquired land @ Rs.10,000/- per acre.
9. The land under Ex.A1 is situated in RS No.480/1 of Nakkalampet H/o.Paritala, whereas the acquired land is situated in RS.No.484/1 of Paritala village. Both the lands are situated not in a longer distance. We are of the opinion that the sale transaction covered under Ex.A1 can be taken into consideration for fixing the market value of the acquired land. However, as Ex.A1 is in respect of a small extent of land less than acre, it can be taken into consideration to some extent. Therefore, keeping in view of the sale transaction Ex.A1 we are inclined to enhance the market value of the acquired land from Rs.10,000/- to Rs.15,000/- per acre.
10. In so far as structures are concerned, absolutely the claimant has not filed any material either before the Land Acquisition Officer or before the reference court to show that there were structures in the acquired land by the date of notification. Therefore, the claimant is not entitled for any compensation for the structures said to have existed in the acquired land by the date of notification.
11. The appeal is accordingly allowed in part to the extent as indicated above. No order as to costs.
V.ESWARAIAH,J NOUSHAD ALI,J Dated: 23.06.2010 Dsr