THE HON'BLE JUSTICE G. SRI DEVI
AND
THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI
L.A.A.S.No.122 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.16 of 1999 on the file of the Senior
Civil Judge, Mahabubabad.
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.4.07 ½
guntas, situated at Mudupugal Village of Mahabubabad Mandal, Warangal District were acquired by the Government for the purpose of excavation of the DBM-48 SRP from K.M. 39.480 to 42.000 by invoking urgency clause and draft notification under Section 4 of the Act was published on 03.03.1997 followed by draft declaration under Section 6 of the Act on 04.03.1997. After due enquiry, the LAO passed an award on 31.03.1997 by fixing the market value of the acquired land at Rs.20,000/- per 2 GSD, J and MGP, J Lass_122_2014 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 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 considering the transaction of the lands in other villages ignoring the transactions in the same village as noticed by the L.A.O.
5. Learned Counsel for the respondents-claimants submitted that the reference Court has considered all aspects while 3 GSD, J and MGP, J Lass_122_2014 holding that the farmers are entitled to higher compensation than what was determined by the L.A.O. by pointing out 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 nature of land, commercial crops grown by the farmers, strategic location of it 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. Admittedly, there are no sale transactions in and around the 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. 4
GSD, J and MGP, J Lass_122_2014 has to take sale data atleast from surrounding villages. While passing the award, the L.A.O. has not considered the several sale transactions for the years 1994, 1995 and 1996 wherein the value of the lands situtated in surrounding villages was sold at Rs.70,000/- to Rs.1,00,000/- per acre. Further, the evidence discloses that the value of the land is more than Rs.1,61,000/- per acre as per Ex.X1. The L.A.O. has not considered the same and he straight away determined the market value of the lands under acquisition in Mudupugal Village at Rs.20,000/- per acre. 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 village by consent apart from avocation loss and crop loss. 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/- 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 5 GSD, J and MGP, J Lass_122_2014 Rs.70,000/- per acre. 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 6 GSD, J and MGP, J Lass_122_2014 THE HON'BLE JUSTICE G. SRI DEVI AND THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI L.A.A.S.No. 122 OF 2014 DATE:16-09-2022