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1942 Supreme(Mad) 165

KRISHNASWAMI AYYANGAR
The Sub-Collector – Appellant
Versus
Pillarisetti Parthasarathi Naidu – Respondent


JUDGMENT

Krisknaswami Ayyangar, J.

1. This appeal arises out of certain land acquisition proceedings taken for the purpose of acquiring 648 sq. ft. in Town Survey No. 1625 /1-A in Ward No. 4, Block 39 in the Town of Rajahmundry. The land acquisition officer awarded compensation at the rate of Rs. 4-8-0 per square yard. On a reference under Section 18 of the Act, the District Judge of East Godavari enhanced the compensation by awarding Rs. 26 per square yard. The Government has preferred this appeal and objects to the award of the District Judge on the ground that it is too high.

2. It is contended by the Government Pleader that the learned Judge was in error in proceeding to fix the market value with reference to the rent which was received from the property acquired. He has argued that Ex. II which is a sale-deed of neighbouring property furnishes the true basis for the award of compensation. Ex. II is dated 23rd July, 1928, and is a sale of 1000 square yards at Rs. 3 a square yard. In view of the fact that the notification under Section 4(1) in the present case was issued on 11th December, 1934, and the sale-deed Ex. II was more than six years prior in date, we are of opinion that t








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