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1980 Supreme(SC) 215

R.S.PATHAK, R.S.SARKARIA
Adusumilli Gopalakrishna – Appellant
Versus
Special Deputy Collector (Land Acquisition) – Respondent


JUDGMENT

PATHAK, J. :— In this appeal by certificate, the appellant is aggrieved by the quantum of compensation awarded by the Andhra Pradesh High Court in respect of land acquired under the Land Acquisition Act.

2. The appellant is the owner of Ac-1-01 cent of land situated in R. S. No. 21/1 in Handapadu village in the Gudivada Municipality. At the instance of the General Manager, Southern Railways, Madras, the Government acquired 91 cents of the land in connection with the conversion of the existing meter-gauge to a broad-gauge track on the Gudivada Masulipatam line. The notification under S. 4 (1) of the Land Acquisition Act was published on 6th July, 1961. In the proceedings for determining the compensation the appellant entered a claim at the rate of Rs. 50,000/- per acre. The Land Acquisition Officer, however, proceeded on the basis that the land was agricultural land and awarded compensation at Rs. 6,000/- per acre. Thereafter, at the instance of the appellant a reference under S. 18 of the Land Acquisition Act was made to the District Court. The reference came on before the learned Subordinate Judge, and he determined the market value of the acquired land at Rs. 46,000/- per





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