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1995 Supreme(SC) 680

K.RAMASWAMY, M.N.VENKATACHALIAH
K. Posayya – Appellant
Versus
Special Tahsildar – Respondent


Advocates:
Guntur Prabhakar, P.P.Rao, P.S.NARASIMHA, V.G.PRAGASAM

JUDGMENT

K. RAMASWAMY, J.:—Leave granted.

2. Jelluru and Yerrakaluva Reservoir to prevent inundation of agricultural lands and to control floods, was taken out and 50 acres of land was acquired as a part of Vengalrayasagar project for submersion. Notification under S. 4(1) of the Land Acqisition Act, 1894, (for short, the Act) was published on March 22, 1979, 400 acres of land, as a part of that Scheme situated in Alivelu village in Polavaram Mandal in West Godavari District of Andhra Pradesh was acquired, out of which, we are concerned with about 163.80 acres in these appeals. The Land Acquisition Officer in his award dated July 31, 1980, fixed the market value of the lands at Rs. 400/- per acre. The lands are rain-fed in which dry crops were raised prior to acquisition. On reference under S. 18, the Subordinate Judge enhanced the compensation to Rs 22,000/- per acre. The High Court in the impugned judgment in Appeal No. 1341 and batch of 1992 reduced the compensation to Rs. 400/- per acre. Thus these appeals by special leave.

2A. Shri P. P. Rao, learned senior counsel for the appellants, contended that Alivelu village is situated in notified tribal area in which the Scheduled Areas







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