THE HON'BLE JUSTICE G. SRI DEVI
AND
THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI
L.A.A.S.No.124 of 2014
JUDGMENT: (Per Hon'ble Justice G. Sridevi)
This appeal is filed under Section 54 of the Land
Acquisition Act, 1894 (for short "the Act") by the Land
Acquisition Officer aggrieved by the order and decree dated
22.04.2002 made in O.P.No.51 of 1999 on the file of the Senior
Civil Judge, Mahabubabad.
2. Brief facts of the case are that upon requisition of the
Executive Engineer, I.D. Division No.5, GBC-IV, Hanamkonda,
the lands of the claimants, respondents herein, to an extent of
Ac.9.26 guntas, situated at Madapur Village of Mahabubabad Mandal and Koravi Village of Koravi Mandal were acquired by the Government for the purpose of excavation of DBM-48 by invoking urgency clause and draft notification under Section 4 of the Act was published on 21.05.1999 followed by draft declaration under Section 6 of the Act. After due enquiry, the LAO passed an award on 04.08.1999 by fixing the market value 2 GSD, J and MGP, J Lass_124_2014 of the acquired land at Rs.24,000/- per acre. Seeking enhancement of market value of the acquired land, the claimants sought for reference under Section 18 of the Act. The reference Court relying upon several sale transactions in and around the land in acquisition, enhanced the market value of the acquired land to Rs.80,000/- per acre. Aggrieved by the same, the LAO has preferred this appeal.
3. Heard learned Assistant Government Pleader for Appeals for the appellant and learned Counsel appearing for the claimants. Perused the material available on record.
4. Learned Assistant Government Pleader contends that no justification is shown for enhancing the compensation by more than three times than what was determined by the L.A.O. He further submits that the reference Court has not properly appreciated the material available on record. He further submits that the reference Court also erred in relying on the transaction of the lands in other villages ignoring the transactions in the same village as noticed by the L.A.O. 3
GSD, J and MGP, J Lass_124_2014
5. On the other hand, learned Counsel for the respondents- claimants submitted that the reference Court has considered all aspects while holding that the farmers are entitled to higher compensation than what was determined by the L.A.O. by pointing out the observations of the reference Court. It is further submitted that in the absence of sale transactions in the same village, the reference Court has rightly relied upon the sale transactions undertaken in the neighbouring villages which are all contiguous having same nature of cultivation, the status of land and other amenities available to the farmers to arrive at just compensation. It is further submitted that the reference Court duly taking note of the nature of land, the commercial crops grown by the farmers, its strategic location being near to Mahabubabad Town, other parameters has rightly enhanced the compensation to Rs.80,000/- per acre.
6. It is not in dispute that the acquired lands are cultivable lands wherein, as per the evidence of claimants, commercial crops such as chilly and groundnut were being raised. Admittedly, there are no sale transactions in and around the 4 GSD, J and MGP, J Lass_124_2014 acuiqred land. In catena of decisions, the Apex Court as well as this Court categorically held that if there are no sale transactions in and around the land in acquisition, the L.A.O. has to take sale data atleast from surrounding villages. While passing the award, the L.A.O. has not considered several sale transactions for the years 1994, 1995 and 1996 wherein the value of the lands situtated in surrounding villages is ranging between Rs.23,000/- to Rs.3,62,000/- per acre. Further, the L.A.O. recorded the statements made by the ryots on the land value ranging between Rs.23,000/- to Rs.3,62,000/-, but he has discarded several sale transactions and only took the value which is very low and fixed the same on the ground that there are no specific sale transactions in and around the land in acquisition. The record also reveals that the Government has paid Rs.82,000/- per acre for the lands acquired by the government in the same Mahabubabad Mandal. That apart R.W.1 admitted in his cross-examination about the fixing of Rs.1.00 lakh and Rs.70,000/- per acre by consent through Akilapaksha Committee. It is not in dispute that the acquired lands are 5 GSD, J and MGP, J Lass_124_2014 cultivable lands wherein, as per the evidence of claimants, commercial crops such as chilly and groundnut were being raised. The record also reveals that the Government has paid Rs.1.00 lakh per acre for the lands situated at Rajupeta and morethan Rs.70,000/- per acre for the lands situated at Edulapusapalli and other villages. It is also an admitted fact that the Korivi Village itself has become the Mandal Head Quarter and all developmental activities have been taken up in the entire village. Considering all these circumstances, this Court is inclined to reduce the market value of the acquired land in respect of Madapur Village from Rs.80,000/- to Rs.70,000/- while maintaining the market value fixed by the reference Court at Rs.80,000/- per acre in respect of lands at Korivi Village.
8. In the result, the appeal is allowed in part while reducing the market value of the acquired land situated at Madhapur Village from Rs.80,000/- to Rs.70,000/- per acre, the market value fixed by the reference Court at Rs.80,000/- per acre in respect of the land situated at Korivi Village is hereby 6 GSD, J and MGP, J Lass_124_2014 confirmed. The claimants are entitled for the statutory benefits like Additional amount, solatium and interest as per law. 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 16.09.2022 gkv/tsr 7 GSD, J and MGP, J Lass_124_2014 THE HON'BLE JUSTICE G. SRI DEVI AND THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI L.A.A.S.No. 124 OF 2014 DATE:16-09-2022