THE HON'BLE JUSTICE G. SRI DEVI
AND
THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI
L.A.A.S.No.524 of 2008
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 award and decree dated
29.11.2007 made in L.A.O.P.No.871 of 1999 on the file of the II
Additional District Judge, Warangal.
2. Brief facts of the case are that upon the requisition of the
Executive Engineer, Division No.6, GBC-IV, Warangal, the lands
of the claimants, respondents herein, to an extent of Ac.8.05
guntas, situated at Shanigapur and Mudupugal Villages of Mahabubabad Mandal, Warangal District were acquired by the Government for the purpose of excavation of 17 AL Minor of DBM-48 SRSP Canal by invoking urgency clause and draft notification under Section 4 of the Act was published on 05.07.1998 followed by draft declaration under Section 6 of the Act on 06.07.1998. After due enquiry, the LAO passed an award 2 GSD, J and MGP, J Lass_524_2008 on 04.12.1998 by fixing the market value of the acquired land at Rs.25,000/- 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 considering Exs.A9, 10, 12 and 13, 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 nearly by four 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 Exs.A9, A10, A12 and A13 for fixing the market value of the acquired lands as the extents of land referred in those transactions are smaller extents. 3
GSD, J and MGP, J Lass_524_2008
5. On the otherhand, 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 relying upon the awards passed in O.P.No.38 of 1999 and 16 of 1999 and also considering the nature of cultivation, the status of land and other amenities available to the farmers, the reference Court has rightly enhanced the market value of the acquired land. It is further submitted that the reference Court duly taking note of nature of land, commercial crops grown by the farmers, its strategic location being very near to Mahabubabad Town and 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. Further,in Exs.B1 and 2, the L.A.O. has observed that the 4 GSD, J and MGP, J Lass_524_2008 claimants used to raise commercial crops like paddy, chilly, cotton, turmeric etc. with well water and most of the lands are situated by the side of the road, but no evidence was let in to substantiate that the farmers were growing commercial crops. However, in the cross-examination, R.W.1 has categorically admitted that the above road is the main road to go to Hyderabad via Torrur and also to go to Mahabubabad to Warangal via Thorrur. It is also an admitted fact that the sale transactions under Exs.A1 to A6 are in relation to small extents of land. Considering the nature of all these circumstances, the learned reference Court ought to have fixed the just and fair market value at the rate of Rs.70,000/- per acre instead of Rs.80,000/- per acre. Accordingly, this Court is inclined to reduce the market value of the acquired land from Rs.80,000/- to Rs.70,000/- per acre.
7. In the result, the appeal is allowed in part by reducing the market value of the acquired land from Rs.80,000/- to Rs.70,000/- per acre. The claimants are entitled for the 5 GSD, J and MGP, J Lass_524_2008 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 6 GSD, J and MGP, J Lass_524_2008 THE HON'BLE JUSTICE G. SRI DEVI AND THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI L.A.A.S.No. 524 OF 2008 DATE:16-09-2022