LexSPECIAL DEPUTY COLLECTOR AND ANR. ETC. versus KURRA SAMBASIVA RAO AND ORS. ETC.
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SPECIAL DEPUTY COLLECTOR AND ANR. ETC. A v. KURRA SAMBASIVA RAO AND ORS. ETC. APRIL 29, 1997 [K. RAMASWAMY, S. SAGHIR AHMAD AND G.B. PATTANAIK, JJ.] Land Acquisition Act, 1894 : B S. 18, s. 23(1), 23(1-A); and 30(1)(a) of the amendment Act-Com- C pensation-Acquisition of 97 acres of agricultural land-Possession taken on 20.6.1981-Award made by Land Acquisition Officer on 19.6.1982 awarding compensation @ Rs. 22, 940 per acre-Reference Court enhanced compensa- tion to Rs. 1,00,000 per acre-High Court further enhanced compensation to Rs. 23.50 per sq. yd. relying on a sale deed for 250 sq. yd. of land-Held, High Court erred in determining compensation-Claimants are entitled to compen- D sation @ Rs. 50, 000 per acre-Burden of proof is on the claimant to establish before reference court that land was capable off etching higher market value than awarded by Land Acquisition Officer-Factors relevant to assessment of compensation-Explained-Transitional provisions of s. 30(1)(a) of the amendment Act applicable-Claimants entitled to benefit of S. 23( 1-A). E KS. Paripooman v. State of Kera/a & Ors., [1994) 5 SCC 593, followed. Periyar and Pareekanni Rubbers Ltd. v. State of Kera/a, [1991) 4 &CC 195; Basant Kumar & Ors v. Union of India & Ors., [1996) 11 SCC 542; Special Land Acquisition Officer, Dharwad v. Tajar Hanifabi (Smt), [1996) F 10 SCC 627; Agn'cultura/ Produce Market Committee v. Land Acquisition Officer and Asstt. Commissioner & Anr., [1996) 10 SCC 629; Special Tahsil- dar (LA) P. W.D. Schemes, Vijaywada v. MA. Jabbar, [1995 2 SCC 142 and Khanna Improvement Trust v. Land Acquisition Tribunal & Ors., (1995 2 sec 557, relied on. G CIVIL .APPELLATE JURISDICTION : Civil Appeal Nos. 3697- 3794 of 1997 Etc. From the Judgment and Order dated 233.94 of the Andhra Pradesh High Court in AS. Nos. 1385-90, 1439-1444, 1449-80, 1505-57 and 2331of1991. H 1107 A B c 1108 SUPREME COURT REPORTS (1997] 3 S.C.R. P.P. Rao, Sudhir Chandra Agarwal, K. Amreshwari, D. Prakash Reddy, Guntur Prabhakar, G.N. Reddy, Nindini Gore, A. Venkateswar Rao, G. Venkatesh, N. Annapoorni, P.N. Niroop, S. Muralidhar, Sanjay Parikh, V.G. Pragasam, Tara Chandra Sharma, Rajani K. Prasad and G. Prabhakar for the appearing parties. The following Order of the Court was delivered : Delay condoned. Substitution ordered. Leave granted. This batch of appeals relates to the acquisition of the lands of 97 acres 42 cents of land situated in the outskirts of the Tenali town of Guntur District in the State of Andhra Pradesh. The lands were acquired for the D development of the colony for the weaker sections - middle income group persons - etc. The notification under Section 4(1) of the Land Acquisition Act was published on December 9, 1980. The Land Acquisition Officer awarded compensation @ Rs. 22,940 per acre for levelled up land and Rs. 21, 700 per acre for unlevellcd land. On reference, the Subordinate Judge, Tenali by his award and decree, dated February 26, 1991 award uniform E compensation at the rate of Rs. 1,00,000 per acre. On appeal by the appellants as well as the claimants - respondents, the High Court by judgment and decree dated March 23, 1994, further enhanced the compen- sation to Rs. 23.50 per sq. yard; thus it allowed the appeals of the respon- dent-claimants and dismissed those of the appellants. Thus, these appeals F by special leave and cross appeals by the respondent-claimants for further enhancement of compensation. They are disposed of by common order. The High Court, after rejecting the entire evidence adduced by the claimants relied only on a sale deed, Ex. A-12 dated May 19, 1978 relating to a piece of land of an extent of 250 sq. yard with a thatched house. It G worked out compensation at the rate of Rs. 48 per sq. yard; on that basis, it gave margin of deduction of 50% of the awarded compensation, namely, at the rate of Rs. 23.50 per sq. yard. The question for consideration is : whether the principle laid down by the High Court is correct in law? The Land Acquisition Officer in his award had referred to the topographical H features of the land thus. SPECIAL DEPUTY COLLECTOR v. K.S. RAO 1109 "The lands under acquisition form a compact block surrounded on A the north by Tenali-Guntur Railway Track, on the east by lands owned by South Central Railways. On the south by lands which abut the Tenali-Guntur Highway road and also built up area in T.S. No. 22 (in the case
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