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1994 Supreme(SC) 1075

M.N.VENKATACHALIAH, K.RAMASWAMY
Land Acquisition Officer, Eluru – Appellant
Versus
Jasti Rohini – Respondent


Advocates:
A.D.N.Rao, A.SUBBA RAO, A.V.Sivaiah, B.Kanta Rao, B.RAJESHVAR RAO, G.NAGESVARA REDDY, G.Prabhakar, K.Madhava Reddy, Sudha Mathur, VIMAL DAVE, Y.B.Tata Rao

ORDER

1. Leave granted.

2. In disposal of the three appeals by this common judgment, we shall refer to SLP (C) No. 12300 of 1994 as first case and to SLP (C) Nos. 3528-29 of 1994 as second case.

3. Notification issued under Section 4(1) of the Land Acquisition Act, 1894 in the first case was published on 16-6-1983 for acquiring 9.47 acres near Eluru town of West Godavari District of Andhra Pradesh to provide house sites to the poor. Again, 14.10 acres of land was acquired in the second case for the same purpose by publishing the notification under Section 4(1) on 23-3-1985. The Land Acquisition Officer awarded compensation under Section 11 at Rs 40,000 per acre in both the cases. On reference, the Subordinate Judge, Eluru, enhanced the market value in the first case to Rs 105 per sq. yard by deducting 30% for developmental charges out of Rs 150 per sq. yard fixed as its value, with usual solatium and interest. In the second case, he enhanced to Rs 70 per sq. yard as claimed by the claimants therein. On appeal, the High Court, by the impugned separate judgments dated 29-9-1993 enhanced the market value to Rs 150 in respect of land in the second case but he upheld in the first case the












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