1990 Supreme(AP) 341
M.JAGANNADHA RAO, YOGESHWAR DAYAL, UPENDRA LAL WAGHRAY
Land Acquisition Officer, Vijayawada Thermal Station – Appellant
Versus
Nutalapati Venkata Rao – Respondent
( 1 ) THIS reference to the Full Bench has been made for a decision on the following question :"whether the trial Court, on a reference under S. 18 of the Land Acquisition Act, 1894 after rejecting the evidence tendered by the claimants, is precluded from computing compensation in respect of the acquired land on the basis of the sale-transactions considered and rejected by the Land Acquisition Officer, but not filed into Court and marked as exhibits and admitted into evidence. "the referring order says that a Division Bench of this Court in Spl. Deputy Collector v. P. Narsinga Rao, (1985) 2 Andh LT 492, held, following the Supreme Court decision in Collector, Raigarh v. Harisingh Thakur,
AIR 1979 SC 472, that unless the documents pertaining to the sale transactions are admitted in evidence, and the vendor or vendee is examined, the same cannot be relied upon. The learned single Judge was of the view that the Supreme Court did not say anything of that nature and that if among the sale transactions considered by the Land Acquisition Officer (hereinafter called the A. L. O.) the one showing the highest value could not constitute evidence for computing the compensation because the docu
Click Here to Read the rest of this document