Judgment

K. RAMASWAMY

( 1 ) THIS appeal by special leave arises against the Division Bench judgment dated 24/11/1975 in A. S. No. 691 of 1972 of the A. P. High Court fixing the market value @ Rs. 10 per square yard. The facts lie in a short compass are stated thereunder. By notification under S. 4 (1) of the Land Acquisition Act 1894 (in short the Act) was published in the State Gazette on 21/11/1963 to acquire 5 acres - 589-1/ 3 sq. yards in T. S. No. 981, Block No. 34 of Waltair Ward, Vishakapatnam for a housing scheme. The Collector awarded at Rs. 1. 58 per sq. yard and on reference, the Civil Court enhanced the compensation to Rs. 10 per sq. yard with solatium at 15 per cent and interest at 4 per cent. The respondent claimed @ Rs. 12 per sq. yard. On appeal and cross appeals the High Court confirmed the award and dismissed the appeal as well as cross objections for enhancement to Rs. 12 per sq. yard. Two contentions have been raised by Shri Narsimahachari, the learned counsel for the appellant. Under Ex. B. 6 dated 3/08/1961; under Ex. B-7, dated Sept. 5, 1961 and Ex. B-8, dated Sept. 8, 1961 the respondent purchased one acre - 1936 sq. yards in each documents in the same T. S. N