THE HON'BLE JUSTICE G. SRI DEVI
AND
THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI
L.A.A.S.No.504 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.786 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, lands of
the claimants, respondents herein, to an extent of Ac.21.37
guntas, situated at Malyala and Korivi Villages of Mahabubabad and Korivi Mandals, Warangal District were acquired by the Government for the purpose of excavation of 21 R Distributory from KM 0-000 to 4-000 by invoking urgency clause and draft notification under Section 4 of the Act was published on 01.07.1998 followed by draft declaration under Section 6 of the Act on 02.07.1998. After due enquiry, the LAO passed an award on 24.05.1999 by fixing the market value of the acquired land at 2 GSD, J and MGP, J Lass_504_2008 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 considering Exs.A9 to A12, 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 relying Exs.A9 to A12 for fixing the market value of the acquired lands.
5. 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 3 GSD, J and MGP, J Lass_504_2008 than what was determined by the L.A.O. by pointing out the observations of the reference Court. It is further submitted that considering the nature of cultivation, the status of land and other amenities available to the farmers, the reference Court has rightly fixed the just market value. 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 near to Mahabubabad Town and other paraments and 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 the award proceedings itself, the L.A.O. has mentioned that the 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 having good potentiality, but no evidence was let in to show that the farmers were growing commercial crops.
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7. Insofar as the land situated in Malyala Village is concerned, it is to be seen that this Court in LAAS No.109 of 2006 and batch by judgment dated 12.04.2022 has reduced the market value of the acquired land from Rs.80,000/- to Rs.45,000/- per acre. Whereas, insofar as the land situated in Korivi Village is concerned, in the cross-examination, R.W.1 has categorically admitted that the acquired land is nearer to the main road which leads to Hyderabad via Torrur. It is also an admitted fact that the sale transactions under Exs.A1 to A8 are small extents. As already observed above, R.W.1 in his cross- examination has admitted that in the award proceedings it is mentioned by the L.A.O. that the claimants used to grow commercial crops such as paddy, chilly cotton, turmeric etc. 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 the above, this Court is of the considered opinion that the market value fixed by the reference Court at Rs.80,000/- per acre in respect of the lands situated at Korivi Village cannot be said to be an higher side.
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8. In the result, the appeal is allowed in part while reducing the market value of the acquired land situated at Malyala Village from Rs.80,000/- to Rs.45,000/- 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 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 6 GSD, J and MGP, J Lass_504_2008 THE HON'BLE JUSTICE G. SRI DEVI AND THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI L.A.A.S.No. 504 OF 2008 DATE:16-09-2022