JUDGMENT

Dr. AR. Lakshmanan, J.

Leave granted in SLP (C) No. 16443 of 1994.

The appellant in Civil Appeal Nos. 6497-6500 of 1994 is the Deputy Director Land Acquisition and the respondents are Malla Atchinaidu and Ors. These appeals were preferred against the orders dated 31.12.1993 and 18.01.1994 in CRP No. 363 of 1992 and judgment and order dated 11.03.1994 in AS No. 147 of 1994 of the High Court of Andhra Pradesh. SLP No. 16443 of 1994 was filed by the respondents in CA Nos.6497-6500 of 1994 against the judgment and order passed in AS No. 19 of 1992 dated 11.03.1994.

The facts herein are that, on 07.03.1982, an extent of Ac. 19.87 cents of dry land in Sy. Nos. 3/1 to 3/42 of Pisinikada Village, in the outskirts of Anakapalli Town, was acquired under section 4 (1) of the Land Acquisition Act (hereinafter referred to as the Act), for the provision of house sites for the weaker sections. Urgency clause under section 17 (4) of the Act was invoked and a draft declaration under section 6 (1) was also published simultaneously on the same date.

On 31.07.1982, the Land Acquisition Officer and Social Welfare Officer (Land Acquisition) issued notice under section 9(1) of the Act directing that all the matters to be posted on 24.08.1982 for conducting the award

enquiry. On 24.08.1982 and 03.09.1982, award enquiry was conducted.

The Land Acquisition Officer on 03.02.1983, gave an award granting compensation of Rs.11,500/- per acre to the respondents. The Land Acquisition Officer also valued certain Palmyrah trees at Rs. 2,000/- (Rs. 10/- for big Palmyrah tree, Rs. 5/- for small Palmyrah tree and Rs. 50/- for cashew trees.) There were 176 Palmyrah trees and 7 cashew trees. On 24.03.1983, possession of the said land was taken.

The respondents were, however, not happy with the compensation awarded by the Land Acquisition Officer. Hence the matter was referred to the Civil Court under Section 18 of the Act and it was numbered O.P. No. 21/87.

On 27.04.1991, the Sub-Judge, Anakapalli passed an order whereby the compensation amount was enhanced to Rs. 55,000/- per acre. The compensation with regard to the palmyrah trees was enhanced to Rs. 100/- for a big tree and Rs. 50/- for a small tree and Rs. 200/- for a cashew tree. On 29.07.1991, however, the respondents filed I.A. No. 70/91 in O.P.No. 21/87 contending that there were 10,000 big palmyrah trees and 4,500 small palmyrah trees and that the order of the Sub-judge contained a typographical error.

The Sub-judge in his order dated 28.09.1991, rejected the application of the respondents.

Aggrieved by the order of the Sub-judge, the respondents approached the High Court of Andhra Pradesh by way of Civil Revision Petition No. 363/92 and filed an appeal in the High Court which was numbered A.S. No. 19/1992.

On 31.12.1993, the Single Judge allowed the revision and directed that the order of the Sub-judge be amended. On the request of the Govt. Pleader on 18.01.1994, the matter was heard again. However, the Single Judge confirmed the order passed on 31.12.1993. An appeal was preferred by the appellants in the High Court against this order of the Single Judge which was numbered A.S. No. 147/1994.

On 11.03.1994, the Division Bench of the High Court allowed the appeal of the respondents numbered 19/1992 and dismissed the appeal of the appellants and enhanced the compensation to Rs. 1,50,000/- per acre relying on Ex.A-11, a registered sale deed.

It is against this decision of the High Court of Andhra Pradesh dated 11.03.1994 the appellants are before this court by way of Civil Appeal Nos. 6497-6500/1994 and the respondents have also approached this court by way of SLP (C) No.16443/1994.

We heard learned senior counsel Mr. Sundaravardan assisted by Mr. Manoj Saxena, learned counsel appearing for the appellants and Mrs. Anjani Aiyagari and Mr. Subhash Sharma, learned counsel appearing for the respondents.

Learned senior counsel Mr. Sundaravardan submitted on facts that after the publication of 4(1) notification on 0