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Erinti Seethayya and ors. Vs. Revenue Divisional Officer and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 2223 of 1969
Judge
Reported inAIR1979SC1411; (1979)4SCC534; 1979(11)LC313(SC)
AppellantErinti Seethayya and ors.
RespondentRevenue Divisional Officer and ors.
Excerpt:
.....appellant - appellant contended that having regard to upward trend of prices they entitled to get higher compensation - supreme court observed that compensation granted by high court appropriate as appellant's land situated in interior area and had less selling price than land referred by appellant - compensation rightly determined by high court - appeal dismissed. - [s.m. sikri, c.j.,; d.g. palekar,; m.h. beg,; a.n. ray and; s.n. dwivedi, jj.] the first petitioner was a public limited company incorporated under the indian companies act. the second and third petitioners were shareholders and directors of the first petitioner. up to the end of march, 1971 the petitioner company was registered under the indian insurance act, 1938. the registration authorised it to carry on the..........colony which was acquired in the year 1952 and that having regard to the upward trend of prices, higher compensation. should have been awarded for the land which was acquired in 1960. he also urged that the high court was wrong in brushing aside the documents filed on behalf of the appellant on the mere ground that they related to small plots of land. we have gone through the judgment of the high court and we do not think that the appeal raises any question of principle which alone will justify any interference with the decision of the high court. in regard to the ramnagar land, the high court has pointed out that, the present acquired land is by far inferior to that land as that was level ground whereas the present acquired land is uneven, with small boulders here and there and a big.....
Judgment:

O. Chinnappa Reddy, J.

The question in this appeal is about the compensation, to be awarded for the land belonging to the appellant which was acquired by the Government pursuant to a notification dated 17th March, 1960 under Section 4(1) of the Land Acquisition, Act The Land Acquisition officer awarded compensation at the rate of Rs. 12 per cent of land. This was confirmed by the learned Subordinate Judge, Anantapur, on a reference under Section 18 of the Land Acquisition Act On appeal the High Court of Andhra Pradesh enhanced the compensation to Rupees 25 per cent after deducting an extent to 2 acres 69 cents of land from the total extent acquired Shri Vepa P. Sarathi, learned Counsel for the appellant argued that compensation was awarded at the rate of Rs. 26 per cent in regard to land in the adjoining Ramnagar Colony which was acquired in the year 1952 and that having regard to the upward trend of prices, higher compensation. should have been awarded for the land which was acquired in 1960. He also urged that the High Court was wrong in brushing aside the documents filed on behalf of the appellant on the mere ground that they related to small plots of land. We have gone through the judgment of the High Court and we do not think that the appeal raises any question of principle which alone will justify any interference with the decision of the High Court. In regard to the Ramnagar land, the High Court has pointed out that, the present acquired land is by far inferior to that land as that was level ground whereas the present acquired land is uneven, with small boulders here and there and a big mound in about half an acre of land. In regard to the sale deeds filed by the appellant the High Court has pointed out that they related to small extents of land, within the Municipal limits and better situated than the present acquired land. No error of principle has been committed by the High Court. The appeal is, therefore dismissed but in the circumstances without costs.


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