The M.R.O., L.A.O, Kurnool vs K.Balanna
2022 Latest Caselaw 3832 AP

  THE HON'BLE SRI JUSTICE U. DURGA PRASAD RAO
                       AND
 THE HON'BLE SRI JUSTICE G. RAMAKRISHNA PRASAD

         LAND ACQUISITION APPEAL SUIT No. 794 OF 2006

JUDGMENT:       (Per Hon'ble Sri G.Ramakrishna Prasad)


      The land belonging to the respondents situated in Sy.No.317/3B

of Maramdoddi Village of C.Balagal Mandal was acquired for the

purpose of house sites for poor persons. Draft notification under

Section 4(1) of Land Acquisition Act was published on 15.11.1985.

The Land Acquisition Officer pass the award on 31.03.1986 fixing the

market value at the rate of Rs.12,000/- per acre.

2. Being not satisfied, the claimant/respondent sought reference

under Section 18 of Land Acquisition Act to refer the matter to the

Civil Court for adjudication of the market value.

3. After being referred as per the procedure, the present

reference bearing O.P.No.1525 of 1987 was considered by the learned

Additional Senior Civil Judge, Kurnool and enhance the market value

from Rs.12,000/- to Rs.22,500/-.

4. The extent of land under acquisition is Ac.0-93 cents, the

claimant would be entitled proportionally. During the pendency of

the said O.P., the original claimant died and his legal representatives

are added as respondent Nos.2 to 6 (per the orders in I.A.No.9 of

1991, dated 10.09.1991). The reference Court, after enquiry, fix the

value of the acquired land at the rate of Rs.37,634/-. In the appeal

preferred by the Land Acquisition Officer, this Court, in A.S.No.736

of 1993, allowed the appeal by its Judgment dated 18.01.2001 and

remanded back the O.P. with certain directions. The parties were also

given liberty to adduce fresh evidence, if any and to raise all

contentions.

5. In effect, the reference Court had conducted the enquiry for

the second time after the parties have adduced fresh evidence and

placed on record fresh documents. It was held by the reference Court

in the current round that though the acquired lands are close to

Maramdoddi Village, it being a small village, it cannot be said that

such land should have great potential. The reference Court also held

that the only potential for such lands would be for the purpose of

hayrick yards, kallams etc., and very low potential for house sites.

6. The reference Court held that the claimant has failed to prove

that the acquired land commended the value at the rate of Rs.3,000/-

or Rs.4,000/- per cent or at least Rs.37,000/- per acre. The reference

Court took into consideration the net income from the land at the rate

of at least Rs.1,500/- per year, the reference Court applied the

capitalisation method and arrive the cost of the land under acquisition

to be Rs.2,000/- per acre. On this basis, the value of the land is fixed

at Rs.23,320/- for Ac.0-93 cents of land which can be rounded off to

Rs.23,500/-.

7. Accordingly, the grant of Rs.12,000/- per acre under the

award dated 31.03.1986 was enhanced by the reference Court to

Rs.22,500/- per acre in Sy.No.317/3B.

8. This Court, having considered the appreciation of facts by the

reference Court, does not deem it necessary to interfere. The present

L.A.A.S. therefore deserves to be dismissed. Hence, this appeal is

dismissed. No order as to costs.

9. Interlocutory applications, if any pending, also stand closed.

__________________________ U. DURGA PRASAD RAO, J

______________________________ G. RAMAKRISHNA PRASAD, J 08-07-2022 SDP

THE HON'BLE SRI JUSTICE U. DURGA PRASAD RAO AND THE HON'BLE SRI JUSTICE G. RAMAKRISHNA PRASAD

LAND ACQUISITION APPEAL SUIT No.794 OF 2006

08.07.2022

SDP