H.K.SEMA, S.N.VARIAVA
V. Hanumantha Reddy (Dead) by Lrs. – Appellant
Versus
Land Acquisition Officer & Mandal R. Officer – Respondent
JUDGMENT
Sema, J.-Parties are heard.
2. On 30.9.1985, a chunk of land measuring 5 acres 39 cents in Survey no. 386 of Pebbair Village, Mahaboob Nagar District, Andhra Pradesh, was acquired by a draft Notification dated 30.9.85 under Section 4(1) of the Land Acquisition Act, 1894 ( in short The Act ) for providing house-sites to the poor. Section 17(4) Notification, by invoking urgency clause by which the enquiry under Section 5-A of the Act was dispensed with, was also issued. Possession of the land was taken over on 10.3.1986. Earlier draft Notification, having lapsed, led to a fresh Section 4(1) Notification dated 28.2.1990. On 28.3.1991, the Land Acquisition Officer after holding an enquiry fixed the market value of the land at Rs. 45,000/- per acre, equivalent to Rs. 10/- per square yard. Aggrieved by the Award, the claimants made a reference application under Section 18 of the Act. The learned Civil Judge by its order dated 28.4.1992 determined the market value of the land at Rs.78/- per square yard and after allowing deduction of 1/4th of the acquired area, which was required for developmental purposes, arrived at Rs. 58/- per square yard as net payable. The Reference Court al
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