Mandal Revenue Officer vs C. Leelavathamma
2022 Latest Caselaw 3987 AP

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

           LAND ACQUISITION APPEAL SUIT No.720 OF 2006


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



      Heard the learned Government Pleader for Appeals and

learned counsel for Respondents/Claimants.

      2.       The present Appeal by Mandal Revenue Officer (Land

Acquisition Officer), Koilakuntla is against the Order passed by the

Subordinate Judge, Nandyal dated 04.03.1991 in O.P.No.86 of

1986 in Reference under Section 18 of the Land Acquisition Act.

      3.       The Claimants are the owners of an extent Ac.2-00

cents in Sy.No.290/2 and their land was acquired by initiating

Land Acquisition Proceedings.

      4.       By Award No.3/86 dated 15.04.1986, the Land

Acquisition Officer awarded compensation for the acquired land at

the rate of Rs.2,000/- per acre. Whereas, the Claimants demand

for just compensation was Rs.30,000/- per acre.

      5.       The   Claimants   have   received   the   compensation

amount of Rs.5,356/- as awarded by the Land Acquisition Officer

by Award No.3/86 dated 15.04.1986 under protest.

      6.       After enquiry, the Reference Court has fixed the

compensation at the rate of Rs.6,000/- per acre. The Reference

Court, in so doing, has relied on the description of the acquired

land in the Award to the effect that it is a dry land and useful for

house sites.
                                      2




      7.      The relevant portion of the impugned order reads:

      "11. As per the description of the acquired land it was
      noted in the award that it is a dry land and useful for house
      sites. When the land is useful for house sites, it is more
      useful or hayricks and kallams...........................................
      .........................................................................................

.......................................................................................... ......................................................................................... So basing on the above facts and circumstances and taking into consideration the potentiality of the land and as the land is situate near by a road and also taking into consideration the population of the village and the developing potentiality of the village, and keeping in view the rate claimed by the first claimant under Ex.A.2, I fix the market value of the acquired land at Rs.6000/- per acre and the claimant is entitled to compensation with the said rate with all ancillary benefits".

8. This Court is of the view that the evaluation of facts in

ascertaining the market value at Rs.6,000/- per acre by the

Reference Court does not warrant any interference.

9. This Court, on the last occasion, had directed the

learned Counsel for the Appellant to verify whether there are any

other connected Appeals which are pending in relation to the

present acquisition. Today, on instructions, the learned

Government Pleader for Appeal had informed to this Court that

there are no connected Appeals and that this is a standalone

Appeal.

10. In view of the above discussion, the present Appeal is

dismissed by confirming the Order of the Reference Court. No

costs. Interlocutory Applications, if any pending shall stand closed

________________________________ U. DURGA PRASAD RAO, J

________________________________ G. RAMAKRISHNA PRASAD, J Date: 14-07-2022.

JKS

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

LAND ACQUISITION APPEAL SUIT No.720 OF 2006

14.07.2022

JKS