Deputy Director Land Acquisition vs Malla Atchinaidu And Ors

On 31.07.1982, the Land Acquisition Officer and Social Welfare Officer (Land Acquisition) issued notice under section 9(1) of the Act directing that all the matters to be posted on 24.08.1982 for conducting the award enquiry. On 24.08.1982 and 03.09.1982, award enquiry was conducted.

The Land Acquisition Officer on 03.02.1983, gave an award granting compensation of Rs.11,500/- per acre to the respondents. The Land Acquisition Officer also valued certain Palmyrah trees at Rs. 2,000/- (Rs. 10/- for big Palmyrah tree, Rs. 5/- for small Palmyrah tree and Rs. 50/- for cashew trees.) There were 176 Palmyrah trees and 7 cashew trees. On 24.03.1983, possession of the said land was taken.

The respondents were, however, not happy with the compensation awarded by the Land Acquisition Officer. Hence the matter was referred to the Civil Court under Section 18 of the Act and it was numbered O.P. No. 21/87.

On 27.04.1991, the Sub-Judge, Anakapalli passed an order whereby the compensation amount was enhanced to Rs. 55,000/- per acre. The compensation with regard to the palmyrah trees was enhanced to Rs. 100/- for a big tree and Rs. 50/- for a small tree and Rs. 200/- for a cashew tree. On 29.07.1991, however, the respondents filed I.A. No. 70/91 in O.P.No. 21/87 contending that there were 10,000 big palmyrah trees and 4,500 small palmyrah trees and that the order of the Sub-judge contained a typographical error.

The Sub-judge in his order dated 28.09.1991, rejected the application of the respondents.

On 31.12.1993, the Single Judge allowed the revision and directed that the order of the Sub-judge be amended. On the request of the Govt. Pleader on 18.01.1994, the matter was heard again. However, the Single Judge confirmed the order passed on 31.12.1993. An appeal was preferred by the appellants in the High Court against this order of the Single Judge which was numbered A.S. No. 147/1994.

On 11.03.1994, the Division Bench of the High Court allowed the appeal of the respondents numbered 19/1992 and dismissed the appeal of the appellants and enhanced the compensation to Rs. 1,50,000/- per acre relying on Ex.A-11, a registered sale deed.

The 1st respondent himself has stated there were 25 big palmyrah trees and three cashewnut trees in his land.

Notwithstanding the dismissal of the I.A for correction of the decree and judgment, the claimants filed C.R.P 363/92 under section 115 C.P.C before the High Court of Andhra Pradesh. It may be mentioned that when the C.R.P was taken for final hearing the matter was already seized by a Division Bench of the High Court. Inspite of this aspect of the matter being brought to the notice of the learned Single Judge, the learned Single Judge by order dated 31.12.1993 allowed the CRP and held that it was only a clerical mistake. The result is a jump from a thousand trees to ten thousand big trees and from five hundred to five thousand small trees resulting in additional compensation of about Rs. 15 lakhs.

The appeals by the state and also by the respondents before the High court came to be disposed off on 11.03.1994 thereby enhancing the land value to 1,50,000 per acre. By this order there was no addition to the number of trees as over and above a thousand, but the enhanced value per tree was maintained. It is of interest to note that no grievance as to the number of trees was made by the claimants in their grounds of appeal in the High Court.

Learned counsel further submitted that, the High Court has failed to take into consideration Ex. A-5, A-6 and A-17, which are agreements of sale wherein the rate per acre was between 2 lakhs to 2.5 lakhs per acre.

Question No.3: