THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9031 of 2000 23.1.2008 Between: M.Subbarayudu, S/o.Bali Reddy …Petitioner And The District Collector, Kadapa And others …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9031 of 2000 ORDER: Petitioner is owner of lands admeasuring Acs.4.40 in survey No.966/1, Acs.0.72 in survey No.966/2 and Acs.0.38 in survey No.966/3 situated at Kamalapuram Village and Mandal in Kadapa District. The land was acquired along with other lands for the purpose of house sites for weaker sections. Compensation was paid. Petitioner alleges that though total extent of land in survey No.966/1 is Acs.4.43, compensation was was paid only for Acs.4.40 and therefore not payment of compensation for balance land of Acs.0.03 is illegal and unconstitutional. A counter affidavait is filed inter alia stating as below. It is submitted that as per R.S.R. in respect of S.No.966/1 the extent is Acs.4.43. There was one small irrigation well and motor shed in an extent of Acs.0.03 cents in S.No.966/1 (viz., land Acs.4.40 + 0.03 well and motor shed). The then Mandal Revenue Officer, and Land Acquisition Officer, Kamalapuram has passed the award for payment of compensation to the above lands vide award No.1/87-88, dt.4.6.1987 as follows. Land value (Rs.20,000 per acre x 8.60) :1,72,000.00 Value of the Well : 8,697.00 Value of the motor shed : 535.21 12% Additional Market value : 21,747.87 30% Solatium : 60,894.05 __________ T O T A L :Rs.2,63,874.22 __________ (columns 2 and 3 situated in Acs.0.03 of land other than Acs.8.60) Reply affidavit is not filed denying the said averments in the counter affidavit. This Court heard learned Counsel for petitioner, learned Assistant Government Pleader for Land Acquisition and perused the Award. The Award dated 04.6.1987 passed by the Land Acquisition Officer would give details of the payments made to petitioner for the land as below. (i) The true area of the land is Acs.8.60 (ii) The compensation allowed for the land is as shown below. (a) (1) The market value of the land subject to full assessment peshkash or ground rent as the case may be and in the case of house site held free its market value as such exclusive in all cases of trees buildings and standing crops vide BSO No.90, paragraph 14(i)(1) 1,72,000.00 (2) In the case of imams other than those mentioned in paragrapah 14(ii) of BSO No.90, compensation for loss of privilege calculated at 20 times the assignment of Government revenue to which the inamdar is entitled vide BSO No.90, para 14(i)(2) --- (3) In the case of imams coming under para 14(ii) of BSO No.90, the amount of net assessment guaranteed to the Inamdar at the time of inam settlement on the extent acqauired which represents the melvaram interest is Rs. Note: The value of the compensation for the kudlvaram interest is to be entered against item (ii) (a) (1) above 12% additional market value 21,747.87 (b) Valuation on account of buildings, wells, crops, trees etc., 9,232.30 (c) 20% on items (a)(1) and (2) & (b) 60,894.05 (d) Other damages, if any (to be specified) Rupees Two lakhs sixty three thousand eight hundred and seventy four and paise twenty two only) 2,63,874.22 A perusal of the Award as above would show in addition to 12% additional market value and solatium, an amount of Rs.9,232.30 was paid being the valuation on account of buildings and wells. It is no doubt true that area is shown to have been Acs.4.40 which only means that an extent of Acs.0.03 in survey No.966/1 having a well and motor shed was not treated as part of land acquired, though separate compensation is paid. In view of this, the submission that compensation was not paid for balance Acs.0.03 cannot be accepted. Because treating the said Acs.0.03 as well and motor shed, compensation was paid. The writ petition is therefore misconceived and is accordingly dismissed with costs. ______________ (V.V.S.RAO, J) January 23, 2008 YS