THE HON'BLE JUSTICE G. SRI DEVI
AND
THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI
L.A.A.S.No.523 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.942 of 2000 on the file of the II
Additional District Judge, Warangal.
2. Brief facts of the case are that upon requisition of the
Executive Engineer, Division No.2, GVS-IV, Warangal, the lands
of the claimants, respondents herein, to an extent of Ac.18.37
½ guntas, situated at Singaram, Munagaveedu and Guindemrajupally Villages, Mahabubabad Mandal, Warangal District were acquired by the Government for the purpose of excavation of 15 R Minor of DBM-48 SRSP Canals by issuing draft notification under Section 4 of the Act on 18.09.1998 followed by draft declaration under Section 6 of the Act on 19.09.1998. After due enquiry, the LAO passed an award on 30.07.1999 by 2 GSD, J and MGP, J Lass_523_2008 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.A1 to A9, enhanced the market value of the acquired land to Rs.75,000/- per acre. Aggrieved by the same, the LAO has preferred this appeal.
3. Heard Sri D.Kiran, 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 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 Exs.A1 to A6 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_523_2008
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 relying upon Ex.A9-award passed in O.P.No.58 of 1999 and Ex.A1-sale transaction which pertains to the same village of Singaram, Mahabubabad Mandal 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.75,000/- 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, cotton and groundnut were being raised, 4 GSD, J and MGP, J Lass_523_2008 which has also been admitted by R.W.1 in his cross-examination. Among Exs.A1 to A6, sale deeds, the more relevant sale transaction is Ex.A1 which pertains to Singaram Village, which took place one year prior to the issuance of the notification. As seen from Ex.A1, the sale consideration paid by purchaser, P.W.8, to an extent of Ac.0.30 guntas was at Rs.90,000/- per acre. That apart, as seen from Ex.A7, the Government Circular vide G.O.Ms.No.265, dated 29.12.1997, the Government has fixed the market value at Rs.1,00,000/- per acre for the land situated in Rajupet Village of Mahabubabad Mandal acquired for the purpose of excavation of 11 R DBM-38 SRSP Canals. So also, as seen from Ex.A8, for acquisition of the land belonging to P.W.7 in the year 1992, for formation of bye-pass road, the L.A.O. has fixed the market value at Rs.82,000/- per acre. Considering the said documents, the reference Court has fixed the market value at Rs.75,000/- per acre. However, the fact remains that the extent of land covered Exs.A1, A7, A8, A9 and A10 are smaller extents of the land, the learned reference Court ought to have fixed the just and fair market value at the rate of 5 GSD, J and MGP, J Lass_523_2008 Rs.70,000/- instead of Rs.75,000/- per acre. Accordingly, this Court is inclined to reduce the market value of the acquired land from Rs.75,000/- 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.75,000/- to Rs.70,000/- per acre. The claimants are entitled for the statutory benefits like Additional amount, solatium and interest as per the amended Act. 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 19.09.2022 gkv/tsr 6 GSD, J and MGP, J Lass_523_2008 THE HON'BLE JUSTICE G. SRI DEVI AND THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI L.A.A.S.No. 523 OF 2008 DATE:19-09-2022