Telangana High Court
N.Parusha Ramulu, Died Per L.Rs. 5 And 6, vs The Land Acquisition Officercum on 8 November, 2024
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
LAAS.No.1026 of 2007
JUDGMENT:
(per Hon'ble Sri Justice Laxmi Narayana Alishetty) Heard Sri A.Vishnu Vardhana Reddy, learned counsel for the appellants-claimants and the learned Government Pleader for Appeals appearing for the respondent-Land Acquisition Officer.
2. This appeal, under Section 54 of the Land Acquisition Act, 1894 (for short 'the Act'), is filed by the claimants aggrieved by order and decree dated 30.12.2006 passed in O.P.No.8 of 1989 on the file of the Court of the Senior Civil Judge, Mahabubnagar (hereinafter referred to as "the Reference Court'), seeking enhancement of the compensation awarded by the Reference Court for the subject acquired lands.
3. Briefly, stated, the facts of the case are that on a requisition made by the Chairman, Agricultural Market Committee, Kalwakurthy, lands admeasuring Acs.10.11 gunatas in Sy.Nos.665, 668 and 669 of Amangal Village, Kalwakurthy Taluq, Mahabubnagar District, belonging to the appellants/claimants were 2 AKS, J & LNA, J LAAS.No.1026 of 2007 acquired for the purpose of establishment of market yard; that draft Notification under Section-4(1) was published in A.P.Gazette on 26.12.1980; that Draft Declaration under Section-6 of the Act was published in the Gazette on 26.12.1980; that thereafter due to some administrative exigencies, finally, another draft notification and draft declaration were published in the District Gazette on 09.07.1985, with errata; that the Land Acquisition Officer, after conducting necessary award enquiry, passed an Award, fixing the market value of the subject acquired land @ Rs.7,000/- per acre and granted other benefits to the appellants/claimants.
4. Not being satisfied with the said Award, the claimants sought reference under Section 18 of the Act and the same was referred to the competent civil Court and numbered as O.P.No.8 of 1989 on the file of the Reference Court.
5. Before the Reference Court, on behalf of the appellants/ claimants, P.Ws.1 to 3 were examined and Exs.A-1 to A-6 were marked. On behalf of the Referring Officer, R.W-1 was examined and no documents were marked.
6. The Reference Court, on appreciation of the evidence, both oral and documentary, available on record, enhanced the 3 AKS, J & LNA, J LAAS.No.1026 of 2007 compensation from Rs.7,000/- per acre to Rs.8/- per square yard, apart from granting all other benefits under the Act to the appellants/claimants. Challenging the said order, the present appeal is filed by the Land Acquisition Officer.
7. Learned counsel for the appellants/claimants contended that the Reference Court grossly erred in not considering the oral and documentary evidence adduced by the claimants, particularly Exs.A-3 and A-6-sale deeds; that though the case of the appellants/claimants regarding location of the acquired lands is supported by the Land Acquisition Officer by the observations made in the Award, the Reference Court failed to take note of the potentiality of the acquired lands and thus, erred in fixing meager compensation for the subject acquired lands; and therefore, he prayed to set aside the impugned order and enhance the compensation for the subject acquired lands.
8. Per contra, learned Government Pleader for Appeals appearing for the respondent-Land Acquisition Officer contended that the Reference Court has rightly appreciated the entire evidence placed on record and has given proper and cogent reasons in support of its conclusion in fixing the market value of the subject 4 AKS, J & LNA, J LAAS.No.1026 of 2007 acquired lands @ Rs.8/- per square yard, which is fair and reasonable and as such, the impugned order needs no interference by this Court.
9. For determination and fixation of true and correct market value of the subject acquired lands, this Court has meticulously perused the impugned order passed by the Reference Court.
10. The claimants, in support of their claim for enhancement of market value of the subject acquired land, have got marked five sale deeds, i.e., Exs.A-2 to A-6. Ex.A-2-sale deed is dated 05.07.1982, Ex.A-4-sale deed is dated 04.12.1991 and Ex.A-5-sale deed is dated 10.01.1992. Thus, it is evident that Exs.A-2, A-4 and A-5-sale deeds relate to post-notification and hence, they are discarded.
11. Now, the exhibits that remained for consideration are Exs.A-1 and A-6. Ex.A-1-sale deed is dated 22.08.1980 and Ex.A-6-sale deed is dated 19.11.1979.
12. P.Ws.1 and 2 are claimant Nos.8 and 11, respectively. P.W-1 deposed as regards the location of the subject acquired lands, i.e., the subject acquired lands are part of Amangal Village; that the subject acquired lands are abutting black top road leading 5 AKS, J & LNA, J LAAS.No.1026 of 2007 from Hyderabad to Srisailam and as such, the subject acquired lands have high potentiality. Through P.W-1, Exs.A-1-Protest Petition and Ex.A-2-sale deed were marked. P.W-2, who is also one of the claimants, deposed corroborating the evidence of P.W-1 with regard to the location and nature of the land. He deposed to the effect that the subject acquired lands are red soil and are situated by the side of PWD road leading from Kalwakurthy to Hyderabad; that Police Station, Post-Office, restaurants, post- office, etc., are in the vicinity of the subject acquired lands. Though he was cross-examined at length, nothing contra was elicited nor his evidence was shattered as regards the location and potentiality of the subject acquired lands.
13. The Land Acquisition Officer who was examined as R.W-1 in his cross-examination admitted that the subject acquired lands are abutting black top road leading from Hyderabad to Sirsailam and also the roads leading from Shadnagar and Devarkonda are very near to the subject acquired lands. In the Award, the Land Acquisition Officer has stated that subject acquired lands categorized as red chelka soil are situated at the entrance of the Village and are by the side of PWD road from Kalwakurthy to 6 AKS, J & LNA, J LAAS.No.1026 of 2007 Hyderabad; that in part of the subject acquired lands, there are number of shops; that there is one cinema hall in front of the subject acquired lands; that there is a Police Station within a distance of ½ km and one more cinema hall is within one furlong from the subject acquired lands. It was further stated that there is heavy demand for house sites in Amangal Village. All these aspects show the potentiality of the subject acquired lands for being utilized for house sites or shops.
14. Thus, the claimants established their claim with regard to the location and potentiality of the subject acquired lands.
15. The evidence of P.Ws.1 and 2 coupled with the contents of the Award passed by the Land Acquisition Officer to the effect that the remaining unacquired part of land in the survey numbers in question there are several shops, makes it evident that the subject acquired lands being situated in prime locality i.e., at the entrance of the Village and abutting the PWD road from Kalwakurthy to Hyderabad and also being surrounded by shops, Government Office, etc., will definitely have high potentiality for being used for non-agricultural purposes, therefore, this Court holds that the 7 AKS, J & LNA, J LAAS.No.1026 of 2007 Reference Court has rightly determined the market value of the subject acquired lands on yardage basis.
16. In support of their claim for enhanced market value for the subject acquired lands, the claimants got examined the vendor of Ex.A-6-sale deed as P.W-3. He deposed that he sold an extent of 48 square yards out of 160 square yards of house bearing No.8-89 @ Rs.89/- per square yard. However, the evidence of P.W-3 does not show the actual distance between the land covered under Ex.A-6 and the subject acquired lands. Even the Village map was not filed to enable this Court to know the actual distance between them.
17. However, a perusal of the Award passed by the Land Acquisition Officer shows that there is mention of sale deeds in respect of land in Sy.No.667 at Sl.Nos.159 and 160, and sale deeds in respect of land in Sy.No.666 at Sl.Nos.220, 221 and 22, whereunder the lands are sold on yardage basis. The Village map of Amangal shows that Sy.Nos.666 and 667 are abutting the subject acquired lands. As such, though there are several sale deeds i.e., as many as 251 sale deeds which pertain to different survey numbers of Amangal Village referred to by the Land Acquisition 8 AKS, J & LNA, J LAAS.No.1026 of 2007 Officer in the Award, since the lands covered by sale deeds in Sy.Nos.666 and 667 are situated adjacent to the subject acquired lands, they can be safely taken into consideration for fixing the market value of the subject acquired lands. Out of all the five sale deeds in respect of lands in Sy.Nos.666 and 667, the sale deeds, dated 27.02.1980, shown at Sl.Nos.159 and 160 of the Award reflects the highest market value of the land @ Rs.10.66 paise per square yard.
18. In the instant case, though the 4(1) notification was initially published on 26.12.1980, due to some administrative hurdles and further, as there was some errata to the 4(1) notification, the same was corrected and the 4(1) notification was again finally published on 09.07.1985 and subsequently, the Award was passed on 03.12.1985.
19. As indicated above, the sale deed, dated 27.02.1980, pertaining to land in Sy.No.667, which reflects the market value of the land covered thereunder @ Rs.10.66 paise per square yard, is taken as an exemplar sale deed for fixing the market value of the subject acquired lands. The material on record shows that there is a time gap of five years between the date of the said exemplar sale 9 AKS, J & LNA, J LAAS.No.1026 of 2007 deed and the date of final 4(1) notification under the Act. Therefore, as per the ratio laid down by the Hon'ble Supreme Court in General Manager, ONGC Ltd Vs. Rameshbhai Jivanbhai Patel and another 1, while fixing the market value of the subject acquired lands, the claimants are entitled to escalation @ 7.5% per annum on Rs.10.66 paise for the period of five years, which works out to Rs.15.23 paise per square yard. However, since the land covered under the exemplar sale deed is small extent and is in respect of house site, whereas the subject acquired lands are agricultural lands, in the light of the law laid down by the Hon'ble Supreme Court, it is appropriate to deduct 33% of Rs.15.23 paise, which works out to Rs.10.23 paise, rounded off to Rs.10.25 paise per square yard.
20. Therefore, in view of the aforestated reasons, this Court is of considered view that the Reference Court committed error in determining the market value of the subject acquired lands and accordingly, the impugned order passed by the Reference Court is liable to be modified to the extent indicated above. 1 (2008) 14 SCC 745 10 AKS, J & LNA, J LAAS.No.1026 of 2007
21. Accordingly, this Appeal is allowed in part, modifying the impugned order of the Reference Court and the market value of the subject acquired lands fixed by the Reference Court @ Rs.8/- per square yard is enhanced to Rs.10.25 paise per square yard. It is needless to say that the claimants are entitled to all the statutory benefits like solatium, additional market value, interest, etc., on the enhanced market value as per the Land Acquisition Act, 1894.
22. Pending Miscellaneous Petitions, if any, shall stand closed. No costs.
_______________________________ ABHINAND KUMAR SHAVILI, J ___________________________________ LAXMI NARAYANA ALISHETTY, J Dated:08.11.2024 dr