1997 Supreme(AP) 364
Andhra Pradesh High Court
Judges : D.REDDAPPA REDDY, S.R.NAYAK
Assistant Collector and Land Acquisition officer (RDO), Gadwal - Appellant
Versus
Pandu Rangaiah - Respondent
AS.Nos.433/95 & batch with Cross objections
Decided On : 04-10-97
Advocates Appeared :
Sri. A. Ramalingeswara Rao,Mr. C. V. Nagarjuna Reddy,R. Radha Krishna Reddy,Mr. C.B. Rammohan Reddy
Headnote:LAND ACQUISITION ACT, 1894 Sec. 54 - The transaction cannot be accepted as comparable instance of sale for the reason that the land covered there under possessed high commercial utility - The, question making reasonable deduction would arise only in cases where the small bits of land as well as large tracts possess similar advantages or potentialities - In other words, when, they are not similar in nature such a course is not permissable.
The party in a land acquisition case, who desires determination of market value of land on the basis of previous judgment, not inter parties, shall produce the same and prove that the land dealt with thereunder is similar to the land in the case in which it is sought to be relied upon. The claimants shall be entitled to claim compensation the highest value fetched by a similar land - It makes no difference what so ever whether it is by way of private sale or as per judgment of a competent Court - The rate determined by Court shall prevail over the rate mentioned in a sale deed.
( 1 ) THESE appeals by the Assistant Collector and Land Acquisition Officer (Revenue Divisional Officer), Gadwal under Sec. 54 of the Land Acquisition act, 1894 (for short the Act) and the cross-objections therein by the claimants- landholders are directed against the common judgment dated 20-3-1995 in o. P. Nos. 120,121,122 and 125 of 1988 on the file of the Subordinate Judge, gadwal. They relate to acquisition of lands bearing S. Nos. 841,842,844, and 848 measuring Ac. 34-35 guntas, situated in Gadwal Town for the purpose of extending the existing Agricultural Market Yard at Gadwal.
( 2 ) THE acquisition proceedings commenced with publication of the draft notification under Sec. 4 (1) of the Act in the A. P. Gazette dated 23-9-85. After due enquiry the Land Acquisition Officer, having divided the lands to be acquired into two categories The land abutting the existing Market Yard measuring Ac. 12-30 guntas as Category-I and the remaining extent of Ac. 22. 05 guntas as Category-II, passed the award on 21-1-1987 fixing the compensation for Categories I and II at the rate of Rs. 50,000/-and Rs. 45,000/-per acre respectively. Not satisfied with the award the claimants sought reference under Sec. 18 of the Act to a Civil Court. Accordingly, the matters were referred to the Subordinate Judge, Gadwal for determination of compensation.
( 3 ) BEFORE the reference Court, the claimants in O. P. Nos. 120,121 and 122 of 1988 claimed compensation for the acquired lands on sq. yard basis. The claimants in O. P. No. 125/88 claimed compensation at the rate of Rs. 500/- per sq. yard. Their claim was resisted by the referring officer by filing separate written statements. All the petitions were clubbed and tried together. Evidence was recorded in O. P. No. 125 of 1988. On behalf of the claimants, P. Ws. 1 to 6 were examined and Exs. A-1 to A-24 were marked. P. W. 1, is claimant no. 3 in O. P. No. 125/88, Exs. A-l to A-15 have been marked through him. Exs. A-1 to A-13 are the documents to show that permission has been accorded by all the concerned authorities for establishing an industry over an extent of Ac. 4-12 guntas out of Ac. 5. 52 guntas in S. No. 848. Ex. A-14 is the proceedings dated 3-1-85 of the Commissioner, Gadwal Municipality stating that Municipal council, Gadwal had passed a resolution dated 29-12-84 approving the proposal to earmark the area behind the Agricultural Market yard for industrial purpose. Ex. A-15 is the certified copy of registration sale deed dated 30-12-1982, whereunder a plot measuring 277 sq. yards was sold and purchased for a consideration of Rs. 40,000/-i. e. , at Rs. 148/-per sq. yard. P. W. 2 is the purchaser under Ex. A-15, He was examined to proved the execution of the original of Ex. A-15. P. W. 3 is the claimant in OP. No. 120/88. Exs. A-16 to A-18 have been marked through him. Ex. A-16 is the certified copy of Pahani for the year 1983-84. Ex. A-17 is the Ryot pass-book. Ex. A-18 is the certificate dated 31-12-85 issued by the Commissioner, Gadwal municipality stating that the Council has fixed the market value of the land bearing S. Nos. 841, and 842 at Rs. 200/- per sq. metre. P. W. 4 is the claimant no. l in OP. No,122/88. Exs. A-19, A-20 and A-21 have been marked through him. Ex. A-19 is another certified copy of the registered sale deed dated 30-12-1982 which is already marked as Ex. A-15. Exs. A-20 and A-21 are the certified copies of the sale deeds dated 21-6-83 and 4-12-84 respectively. P. W. 5 is the Revenue Inspector, Gadwal. He deposed that he issued Ex. A-22, a true copy of Resolution No. 15 dated 9-9-81 of Gadwal Municipal Council fixing the market value of the land in residential area, industrial area and commercial area at Rs. 150/-, Rs. 200/-, and 250/- per sq. metre respectively. P. W. 6 is the claimant No. 3 O. P. No. 120/88. Ex. A-23 and A-24 have been marked through him. Ex. A-23 is the certificate dated 16-12-92 of the Commissioner, Gadwal municipality to the e