THE HON'BLE JUSTICE G. SRI DEVI
AND
THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI
L.A.A.S.Nos.57 of 2013 and 537 of 2017
COMMON JUDGMENT: (Per Hon'ble Justice G. Sridevi)
Since both the appeals are arising out of the same award
proceedings, they are heard together and being disposed of by this
common judgment.
2. The appellants are the claimants in O.P.No.6 of 1988 on the
file of the Senior Civil Judge at Sangareddy. They filed these two
appeals against the order and decree of the reference Court,
dated 31.12.2002, seeking enhancement of the compensation
awarded by the L.A.O.
3. Heard the learned Counsel for the appellants and the
Government Pleader for Appeals appearing on behalf of the
respondent No.1. Perused the material available on record.
4. Upon the requisition made by the Executive Engineer, I.D.L.A. & R Division No.3, Singoor Project, Sangareddy, the Land Acquisition Proceedings were initiated in respect of the house structures of the appellants-claimants by issuing draft notification dated 20.05.1986 under Section 4 (1) of the Land Acquisition Act, 2 GSD, J and MGP, J Laas_57_2013 and 537_2017 1894 (for short "the Act) followed by the declaration under Section 6 of the Act. The Land Acquisition Officer fixed the value of the acquired land at Rs.6/- per square meter along with other statutory benefits. Aggrieved thereby, the appellants sought for reference under Section 18 of the Act for enhancement of the compensation of the land and also for compensation for the house structures. The reference was registered as O.P.No.6 of 1988 in the Court of Senior Civil Judge at Sangareddy. By order, dated 31.12.2002, the reference Court dismissed the claim holding that the L.A.O. has granted adequate compensation. Challenging the same, appellants-claimants filed the present appeals.
5. The learned Counsel for the appellants has argued that on earlier occasion in respect of the very same project, the lands of the claimants in O.P.Nos.48 and 49 of 1996 were acquired by the Government, wherein, upon reference sought by the claimants, the reference Court has fixed the market value of the land at Rs.8/- per square meter apart from granting the value for the structures at 50% of the estimates made by the Chartered Engineer (P.W.1 therein) with all statutory benefits. When the Government has carried the matter in appeal before this Court in L.A.A.S.No.390 of 2005 and 476 of 2006, this Court basing on its 3 GSD, J and MGP, J Laas_57_2013 and 537_2017 earlier judgment in A.S.No.1060 of 2007 dismissed the appeals confirming the compensation for the land at Rs.8/- per square meter and also upholding the fixation of the value for structures at 50% of the estimations made by the Chartered Engineer. The learned Counsel submits that the very same Chartered Engineer, who submitted the valuations in O.P.Nos.48 and 49 of 1996, has also submitted the valuations in the present O.P., who is examined as P.W.12 and therefore, basing on the orders in O.P.Nos.48 and 49 of 1996 which were confirmed by this Court in L.A.A.S.Nos.390 of 2005 and 476 of 2006, the learned Counsel seeks to enhance the market value of the land to Rs.8/- per square meter and to grant the value for the structures at 50% of the estimations made by P.W.12, Chartered Engineer with all statutory benefits.
6. Learned Government Pleader for Appeals has not disputed the factum of dismissal of L.A.A.S.Nos.390 of 2005 and 476 of 2006 confirming the compensation in respect of the market value of the land at Rs.8/- per square meter and granting valuations for structures at 50% of the estimations made by the Chartered Engineer, as was fixed by the reference Court in O.P.Nos.48 and 49 of 1996.
4 GSD, J and MGP, J Laas_57_2013 and 537_2017
7. In the circumstances, basing on the valuation fixed by the reference Court in respect of the acquired land and structures in O.P.Nos.48 and 49 of 1996, as confirmed by this Court in L.A.A.S.No. 390 of 2005 and 476 of 2006, this Court is inclined to enhance the market value of the land at Rs.8/- per square meter and also grant the value for structures at 50% of the estimations made by P.W.12 with all statutory benefits.
8. In the result, both the appeals are allowed setting aside the order dated 31.12.2002 passed in O.P.No.6 of 1988 on the file of the Senior Civil Judge at Sangareddy. The market value of the acquired land, as awarded by the L.A.O. is hereby enhanced from Rs.6/- to Rs.8/- per square meter apart from awarding the value for the structures at 50% of the estimations made by P.W.12, Chartered Engineer, with all statutory benefits. There shall be no order as to costs.
Miscellaneous petitions, if any pending, shall stand closed.
____________ G. SRI DEVI, J _______________________ SMT. M.G.PRIYADARSINI, J 25.08.2022 gkv/tsr