THE HON'BLE SRI JUSTICE R.SUBHASH REDDY
and
THE HON'BLE SRI JUSTICE A.SHANKAR NARAYANA
APPEAL SUIT Nos.188, 189, 190 and 212 of 2009
COMMON JUDGMENT: (per RSR, J)
These appeal suits are filed under Section 54 of the Land
Acquisition Act, 1894 by the claimants aggrieved of the common
order, dated 27.07.2004 passed in O.P.Nos.66, 64, 65 and 67 of
1998 by the learned Senior Civil Judge, Nirmal.
Land admeasuring Acs.46.30 guntas situated at Bidrelli and
Labdi Villages in Adilabad District, belonging to the appellants was
acquired for the purpose of formation of silt arresting tank of
Pochampadu Project, through a notification issued under Section
4(1) of the Land Acquisition Act, 1894, on 13.03.1997. But,
possession of the said land was taken earlier to such notification i.e.
on 31.05.1995. The Land Acquisition Officer after conducting
necessary enquiry, passed an award on 31.03.1997 fixing the
compensation for the acquired lands @ Rs.20,000/- per acre. The
appellants received the compensation under protest and sought
reference under Section 18 of the Land Acquisition Act, 1894, upon
which, their claims were referred to the learned Senior Civil Judge,
Nirmal, and tried as O.P.Nos.66, 64, 65 and 67 of 1998.
Before the Reference Court, on behalf of the claimants, R.Ws.1
to 4 were examined and Exs.B.1 to B.3 were marked. On behalf of
the Referring Officer, P.W.1 was examined and Ex.A.1 - award was
marked. The Reference Court having considered the oral and
documentary evidence on record, passed impugned common order
by fixing the compensation for the acquired lands @ Rs.26,000/- per
acre. Seeking further enhancement of compensation to Rs.42,000/-
per acre, these appeals are filed by the claimants.
It is to be noticed that before the Reference Court, all the
aforesaid O.P.s were clubbed together and common evidence was
recorded. During pendency of these appeals, in LAAS.No.189 of
2009, the appellants therein have filed LAAS.MP.No.409 of 2014
seeking to receive additional evidence, namely, a copy of judgment,
dated 23.09.2013 rendered by this Court in LAAS.No.441 of 2008
and another judgment, dated 23.09.2013 rendered by this Court in
LAAS.Nos.216 and 217 of 2007. The said LAAS.MP is allowed by
this Court today by a separate order. LAAS.No.441 of 2008 relates to
the acquisition of land admeasuring Acs.84.27 guntas, situated at
Labdi Village of Mudhole Mandal in Adilabad District, for the public
purpose of formation of new silt arresting tank, vide notification, dated
07.11.1998
, which was subsequent to the notification, dated 31.03.1997. The Land Acquisition Officer passed award fixing the compensation for the acquired land @ Rs.16,000/- per acre. On reference, the Reference Court enhanced the compensation to Rs.52,000/- per acre. The same was challenged before this Court in appeal by the State in LA.AS.No.441 of 2008, which was dismissed. Another judgment in LA.AS.Nos.216 and 217 of 2007 is with regard to the acquisition of land admeasuring Acs.17.08 guntas situated at Kirgul and Bidrelli Villages of Mudhole Mandal in Adilabad District, for formation of silt arresting tanks, vide notification, dated 14.03.1996 i.e. nearly one year earlier to the present notification. For the said land, the Land Acquisition Officer fixed the compensation at Rs.20,000/- per acre, but, on reference, the Reference Court enhanced the compensation for the acquired land to Rs.42,000/- per acre, and the same was confirmed by this Court by dismissing LA.AS.Nos.216 and 217 of 2007.
In these appeals, the lands in question are in two villages, namely, Bidrelli and Labdi. It is to be noticed that in all the matters, acquisition was for the same public purpose and the judgments referred above, more particularly the judgment in LA.AS.Nos.216 and 217 of 2007 is in support of the appellants herein, who were claiming compensation for the acquired lands at the rate of Rs.42,000/- per acre, which was approved by this Court in the aforesaid appeals. Having regard to the evidence available on record and also additional evidence, we are of the view that the appellants are entitled to compensation for the acquired lands @ Rs.42,000/- per acre.
Further, it is to be noticed that the notification was issued on 13.03.1997, but possession of the lands was taken on 31.05.1995. In view of the judgment of the Hon'ble Supreme Court in R.L.JAIN (D) BY LRs. v. DDA AND OTHERS, the appellants are not entitled to any interest for the period prior to the notification issued under Section 4(1) of the Land Acquisition Act, 1894. However, in the case of TAHERA KHOTOON AND OTHERS v. REVENUE DIVISIONAL OFFICER/LAND ACQUISITION OFFICER AND OTHERS, the Hon'ble Supreme Court has held that in the event of taking possession of land prior to the issuance of 4(1) notification, the land owners are entitled for award of damages, without any further enquiry.
In view of the aforesaid judgments of Hon'ble Supreme Court and having regard to the fact that the lands in question were taken possession as early as on 31.05.1995, we are of the opinion that it is too late to drive the appellants for further enquiry, as such, we deem it appropriate to fix the damages/rents @ 10% per annum over the basic compensation of Rs.42,000/- per acre, without any further interest, from the date of taking possession till the date of issuance of 4(1) notification i.e. from 31.05.1995 to 13.03.1997. For the subsequent period, the claimants are entitled to interest @ 9% per annum for a period of one year from the date of 4(1) notification and @15% per annum thereafter. It is needless to observe that the appellants are entitled to all other statutory benefits including interest on solatium.
Subject to the above, these appeals are allowed. No order as to costs.
Miscellaneous Petitions, if any pending in these appeals stand closed.
______________________ R.SUBHASH REDDY, J 11th APRIL, 2014.
________________________ A.SHANKAR NARAYANA, J kvni