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1991 Supreme(SC) 497

M.FATHIMA BEEVI, N.M.KASLIWAL
Bhagwathula Samanna – Appellant
Versus
Special Tahsildar And Land Acquisition Officer, Visakhapatnam Municipality, Visakhapatnam – Respondent


Advocates:
Indra Sawhney, SHYAMALA PAPPU, T.V.S.N.Chari

Judgment

FATHIMA BEEVI, J.:- The appellants are aggrieved that the High Court by the common judgment dated 20-1-1976 in two cases had substantially reduced on erroneous grounds the enhanced compensation allowed by the Subordinate Judge on reference under S. 18 of the Land Acquisition Act (for short the Act).

2. Civil Appeal No. 1222 of 1977 relates to acquisition of Ac.8.33 cents of land in Survey No. 2/1 of Dondaparthi village in pursuance to Notification under S. 4(1) of the Act published on 7-7-1966 for construction of quarters for the staff of Port Trust.

3. Civil Appeal No. 1221 of 1977 relates to acquisition of Ac.1.68 cents of land in Survey No. 2/2A of the same village in pursuance to the Notification published on 1-8-1968 for the purpose of formation of the national highway diversion road.

4. The appellants claimed land value at the rate of Rs. 10/- per sq. yard since the Land Acquisition Officer awarded only 0.88 paise per sq. yard. The learned Subordinate Judge determined the market value of the land at the rate of Rs. 11/-per sq. yard accepting as basis the value of land under the transactions evidenced by Exhibits A- 1 to A-4, but granted the compensation at the rate of R
















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