Smt P. Saraswathamma R/O ... vs The Rdo/Lao, Anantapur Dist
2022 Latest Caselaw 8633 AP

  THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
                     AND
THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI

                        LAAS.No.97 of 2007


JUDGMENT:- (Per Hon'ble Sri Justice C.Praveen Kumar)

         The present appeal came to be filed by the claimant under

Section 54 of the Land Acquisition Act, 1894 [for short, 'the

Act'].

2.       The facts which lead to filing of the present appeal are as

under:

         Land in S.No.100-13, admeasuring Ac.0.10 cents situated

at Papampalli Village Fields near Anantapur town, was acquired

by the Government under the Land Acquisition Act. Notification

under Section 4(1) of the Act was issued on 15.09.1992. The

last date for publication has been reckoned as date of

notification itself, i.e., 15.09.1992.   Taking into consideration

the material available on record and having regard to the facts

in issue, the LAO passed an order fixing the value of the subject

property at Rs.45,577/- and accordingly passed an Award fixing

the rate, at Rs.231/-, per cent, with interest @ 4% per annum

from April, 1974 to March, 1982 and @ 9% per annum from

April, 1982 to April, 1983 and @ 15% per annum from May,

1983 to March, 1994.         Dis-satisfied with the compensation
                                   2




awarded, the claimant sought for a reference under Section 18

of the Act. The plea of the claimant - appellant appears to be

that she is the owner of the said land and it was acquired by the

Government for laying National Highway - 7. It is urged that

the land acquisition Officer has not taken into account the sale

deeds that were relied upon by the claimant and the market

value of the land acquired was not fixed as per law. In other

words, it is said that the land has great potential as it is

situated in between Bellary-Kalyandurg roads and number of

residential houses and shopping complexes were constructed on

either side. Taking into consideration the evidence adduced, the

Principal Senior Civil Judge, Anantapur, by his order dated

15.12.2006

has closed the reference. The operative portion of

the said order reads as under:

"..Further the claimant has not placed any cogent material to show that the value fixed by the Land Acquisition Officer is meager and he has not taken into consideration of the relevant documents. The claimant also did not place any material to establish the interest provided by the Land Acquisition Officer is not in accordance with the Act. There is no material to decide whether the interest granted is not in terms of the Act.

In the result, this reference is closed, however without costs."

It is against this order, the present appeal came to be filed.

3. The only argument advanced by learned counsel for the

appellants is that except the present OP, all other OPs, under

the subject acquisition in respect of other plots, with more or

less same measurement, and in the same area, were referred to

the Lok Adalat and in one such matter, the Lok Adalat vide

Award dated 28.10.2000, held that the claimants therein are

entitled to receive Rs.75,000/- for Ac.0.05 cents of land,

meaning thereby, the rate fixed, is Rs.15,000/-, per cent. He

further submits that the order of the permanent Lok Adalat

came to be challenged before this Court by way of a writ

petition, which was dismissed.

4. These factual aspects are not disputed by the learned

Government Pleader for Appeals.

5. As seen from the record, except the present OP all other

OPs were referred to the Lok Adalat and in the Lok Adalat an

Award came to be passed in respect of other plots situated in

the same area, fixing the market value at Rs.15,000/- per cent.

Since the case on hand is identical to the one referred to and

settled in the Lok Adalat, and as the Award passed by the Lok

Adalat has been confirmed by this Court in a writ petition filed

by Roads & Buildings department, we deem it appropriate to fix

the value of the land in dispute at Rs.15,000/- per cent

including additional market value, solatium, while retaining the

interest portion as awarded by the Land Acquisition Officer,

which was confirmed by the Senior Civil Judge.

6. With the above modification with regard to the value of

the land, per cent, the present appeal is disposed of. There

shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand

closed.

_______________________________ JUSTICE C.PRAVEEN KUMAR

___________________________________ JUSTICE B.V.L.N CHAKRAVARTHI

10.11.2022 Vjl

THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HONOURABLE SRI JUSTICE B.V.L.N CHAKRAVARTHI

LAAS.No.97 of 2007

10.11.2022

Vjl