THE HON'BLE JUSTICE G. SRI DEVI
AND
THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI
L.A.A.S. No. 836 of 2006
JUDGMENT : (per Justice G. Sri Devi)
The lis in this appeal preferred by the Land Acquisition Officer-
cum-Revenue Divisional Officer, Khammam, is directed against the
order passed by the civil Court in the reference made under Section
18 of the Land Acquisition Act, 1894 (for short "the Act").
2. The Government has acquired the land admeasuring Ac.2.08
gts., and Ac.1.33 gts., in Sy.Nos.90/2 and 94/2 respectively,
belonging to the respondent/claimant for the purpose of providing
house sites to weaker sections and fixed the value at Rs.18,000/- per acre along with interest and solatium. Not satisfied with the compensation determined by the Land Acquisition Officer, respondent/claimant sought reference under Section 18 of the Act for enhancement of the compensation. The reference was registered as O.P.No.54 of 1996 in the Court of the Senior Civil Judge, Sathupally. By an order, dated 23.03.2006, the learned Senior Civil Judge enhanced the market value from Rs.18,000/- per acre to Rs.35,000/- per acre and also granted all the other statutory benefits to the respondent/claimant i.e., 12% additional market value, solatium at 30% on the market value, interest etc., on the enhanced amount to 2 GSD, J and MGP, J Laas_836_2006 extent of land acquired from him. Aggrieved thereby, the present appeal is filed by the Land Acquisition Officer.
3. Heard the Government Pleader for Appeals. Although the appeal pertaining to the year 2006 none appears on behalf of the respondent, we are constrained to dispose of the appeal basing on the material available on record.
4. As seen from the record, the claimant as P.W.1 has deposed before the reference Court he used to raise green grass in the acquired land for cattle and was getting an income of Rs.20,000/- per acre and he was intended to convert the land as wet land under N.S.Canal water, since the N.S. Canal was situated very near to the acquired land. According to the claimant, the land in the vicinity was fetching Rs.45,000/- to Rs.50,000/- per acre, but he has failed to produce any evidence. The valuation fixed by the Sub-Registrar as seen from Ex.A1 is Rs.21,000/- per acre, however, the Land Acquisition Officer has awarded the market value Rs.18,000/- per acre. Taking into consideration of the said evidence the reference Court has rightly enhanced the market value at Rs.35,000/- from Rs.18,000/- per acre.
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GSD, J and MGP, J Laas_836_2006
5. In the above circumstances, the appeal is dismissed confirming the market value fixed by the reference Court in O.P.No.54 of 1996 in the Court of the Senior Civil Judge, Sathupally. There shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
_________________ JUSTICE G. SRI DEVI _______________________ JUSTICE M.G.PRIYADARSINI 25.08.2022 gkv/tsr 4 GSD, J and MGP, J Laas_836_2006 THE HON'BLE JUSTICE G. SRI DEVI AND THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI L.A.A.S. No.836 of 2006 DATE: 25-08-2022 gkv/Tsr