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PETITIONER: THE LAND ACQUISITION OFFICER & SUB-COLLECTOR, GADWAL.

       Vs.

RESPONDENT: SMT. SREELATHA BHOOPAL & ANR.

DATE OF JUDGMENT:       21/04/1997

BENCH: K. RAMASWAMY, D.P. WADHWA

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Though hotices  have been  served, respondents  are not appearing either in person of through counsel.      Leave granted.      Notification under Section 4(1) of the Land Acquisition Act, 1894  (for short, the ‘Act’) was published on September 26, 1981  for public  purpose, namely,  establishment of Bus Depot/Stand in  Gadwal Town  of  Mehaboobnagar  District  in State of Andhra Pradesh. The Land Acquisition Officer in his award dated  December 27,  1983 awarded  compensation at the rate of Rs.8.000/- per. On reference, the Civil Court by its award and  decree dated  November  15,  1985,  enhanced  the compensation to  Rs.20/- per sq. yd. On appeal, the Division Bench of  the  A.P.  High  Court  in  Appeal  No.2391/86  by judgment and  decree dated  August 8, 1996 has confirmed the same. Thus, this appeal, by special leave.      The High  Court has relied upon Ex.A-4 the sale wherein related to  a small piece of land, and accordingly confirmed the market  value @  Rs.20/- per  sq. yd.  It  is  now  well settled legal  position that  small pieces  of  land  cannot offer the  same market  value when  a large track of land is purchased in  an  open  market  by  a  willing  and  prudent purchased in  an  open  market  by  a  willing  and  prudent purchaser. It  is settled  legal position that the Court has to put itself in the armchair of a prudent purchaser and put the question  to itself  whether  the  land,  in  the  given circumstances, would  fetch the  same  market  value  as  is likely to  be determined  by the  court when  small piece of land would  be offered  for sale.  Unfortunately,  the  High Court  has   not  adopted  that  principle;  it  has  merely proceeded to  rely upon  sale deed relating to a small piece of land.  We have  gone through  the award of the Collector. The Collector  referred to various sale deeds and ultimately he relied upon a sale transaction and held that the lands in the sale  deed at Sl. No. 120, pertaining to survey Nos.854, which fetched  the rate of Rs.4,519-77 as on the date of the sale, namely, December 27, 1978 was comparable one. The Land Acquisition  Officer  noted  that  the  lands  therein  were converted into  non-agricultural  lands  and  the  lands  in question still  remained to  be agricultural  lands and were

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adjacent to  Gadwal  Town.  Under  these  circumstances,  he awarded the  market value  at the rate of Rs.800/- per acre. It is  settled legal  position that  the burden  is  on  the claimant to prove by adducing acceptable evidence for higher compensation. Having  rejected  Ex.A-4  relied  on  by  High Court, though  the award  of Land Acquisition Officer is not evidence  stricto  sensu  with  a  view  to  do  substantial Justice. We  looked into  it  and  considered  the  material collected therein.  Having regard  to the  state of evidence and large  extent of  the land  in question  as also and the facts, we  think that  the appropriate market value would be Rs.20,000/- per  acre  and  would  be  just  and  reasonable compensation.      The appeal  is accordingly  allowed. The  order of  the reference Court as confirmed by the High Court is set aside. Instead, the  award shall  be substituted by Rs.20,000/- per acre with  usual solatium at the rate of 30% and interest on enhanced compensation  at the  rate of 9% per annum from the date of  taking possession  to the  date of  payment of such enhanced compensation and at the rate of 15% thereafter till deposit of  enhanced compensation  into the court. No orders as to costs.