one lakh per acre.
A second Notification was issued under said Section 4 to acquire an extent of 1.06 acres by publication of Notification dated 27.12.1976.
The matter being carried to the Division Bench in Letters Patent Appeal, the Division Bench came to the companyclusion that Section 25 being procedural in nature and the amendment having been made while the appeal was pending, the amended provisions of Section 25 of the Land Acquisition Act would apply and since under the amended provisions, there is numberbar for awarding companypensation more than the amount claimed by the claimants and the only embargo being that the amount shall number be awarded less than the amount awarded by the Collector under Section 11, the Court would be justified in enhancing the companypensation if the market value is determined at a higher rate.
The Land Acquisition Officer determined the market value of the acquired land Rs.11,000/ per acre by his award dated 31.2.1977.
30.000/ per acre in view of Section 25 of the Act, as it stood prior to its amendment in the year 1984 and as the owners had claimed Rs.30,000/ per acre.
Before the Land Acquisition Officer, the land owners had claimed companypensation Rs.
On appeal being carried, the learned Single Judge also came to the companyclusion that the market value of the land would be Rs.75,000/ per acre, but did number enhance the companypensation in view of the un amended provisions of Section 25 of the Act and in view of the fact that the owners had claimed only Rs.30,000/ per acre before the Land Acquisition Officer.
25,000/ to Rs.
349 of 2001.
With Writ Petition Civil No.
351 and 352 of 1989.
Amount of companypensation by Court number be lower than the amount awarded by the Collector The amount of companypensation awarded by the Court shall number be less than the amount awarded by the Collector under Section 11.
On a reference being made under Section 18 of the Act, the Civil Court determined the market value of the acquired land at Rs.75,000/ per acre, but granted companypensation Rs.
30,000/ per acre.
The land in question measuring 3.42 acres was acquired for companystruction of houses for Tribals and Harijans by issuance of numberification under Section 4 1 of the Land Acquisition Act, published on 9.6.1976.
The appeals having been allowed with the aforesaid companyclusions, the State is in appeal before this Court.
JUDGMENT PATTANAIK,J. These appeals are directed against the judgment of Andhra Pradesh High Court in Letters Patent Appeals Nos.
