Andhra Pradesh High Court - Amravati
The Special Deputy Collector, vs T. Shaik Hussain on 19 September, 2024
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
APHC010229172011
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3495]
(Special Original Jurisdiction)
THURSDAY, THE NINETEENTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
LAND ACQUISITION APPEAL SUIT Nos.873, 874, 875, 876, 877, 894,
896, 897, 986, 1001, 1002 and 1021 of 2011
Between:
1. THE SPECIAL DEPUTY COLLECTOR, (LA) H.N.S.S.UNIT-III
KURNOOL DISTRICT
...APPELLANT
AND
1. CHINTA CHOWDAMMA, W/o.Late C.C.Anjinaiah, H.No.2/34,
Reddy Bavi Street Pathikonda, Kurnool District
...RESPONDENT
Appeal against the order and decree passed in OP.No.49 of 2007
on the file of the Senior Civil Judge, Adoni dt 07/09/2010
IA NO: 2 OF 2011(LAASMP 12552 OF 2011
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may
be pleased
Counsel for the Appellant:
1. GP FOR APPEALS
Counsel for the Respondent:
1.
LAAS_873 of 2011 and batch
The Court made the following COMMON JUDGMENT: (per NJS,J)
The present batch of appeals arise out of a common order dated
07.9.2010 in L.A.O.P. Nos.49, 46, 52, 39, 43, 50, 44, 47, 40, 48, 51 and
45 of 2007 passed by the Learned Senior Civil Judge, Adoni, and the
same are being disposed of by this common judgment.
2. For the purpose of construction of Handree Neeva Sujala Sravanthi
(HNSS) Project Main Canal Package No.30 at Pattikonda Village, a
Notification under Section 4(1) of the Land Acquisition Act, 1894 was
issued on 12.10.2006. Various extent of the lands of the respondents
situated in Survey Nos.116, 116/1 and 116/1A of Pattikonda Village were
acquired and Award No.30 of 2006 was passed on 09.12.2006. The
Land Acquisition Officer categorized the said lands into three categories
viz., Category No.I-Rain fed dry lands, Category No.II-Dry lands with red
soil irrigated with bore well/open bore well and raising crops, and
Category No.III-Dry lands with red soil adjacent to the Bye-pass road of
Pattikonda-Adoni, and fixed the compensation at Rs.38,000/-,
Rs.45,000/- and Rs.60,000/- per acre respectively.
3. The respondent/claimants received the compensation under protest
and sought for reference under Section 18 of the Land Acquisition Act
claiming compensation at the rate of Rs.15,00,000/- per acre. The
Reference Court vide its common order dated 07.9.2010 enhanced the
compensation from Rs.38,000/-, Rs.45,000/-, Rs.60,000/- to
LAAS_873 of 2011 and batch
Rs.1,00,000/-, Rs.1,10,000/- and Rs.1,25,000/- per acre respectively.
The State aggrieved by the enhancement of compensation in respect of
Category No.III lands from Rs.60,000/- to Rs.1,25,000/- per acre filed the
present batch of appeals.
4. Heard Smt.A.Jayanthi, learned Government Pleader represented
the appellant State. Despite service of notice, none entered appearance
on behalf of the respondent/claimants.
5. Smt.A.Jayanthi, inter alia contends that the enhancement of
compensation from Rs.60,000/- to Rs.1,25,000/- per acre in respect of
Category No.III lands is without any valid basis. It is her contention that
as noticed by the Reference Court some ryots have agreed to receive
compensation ranging from Rs.50,000 to Rs.60,000/- per acre during
negotiations, yet the Reference Court enhanced the compensation in
respect of Category No.III lands to Rs.1,25,000/- per acre. She submits
that in fact the Reference Court has not based its enhancement on any
cogent material and the sale deeds are in respect of small extents of
lands. Though in the Memorandum of valuation of appeals there is a
mention with regard to Category No.III lands only, she submits that the
grounds raised are equally applicable to other Categories of lands.
Making the said submissions and contending that the enhancement of
compensation in respect of all the three categories to Rs.1,00,000/- , Rs,
1,10,000/- and Rs.1,25,000/- made by the Reference Court is highly
LAAS_873 of 2011 and batch
excessive, the learned Government Pleader seeks to allow the appeals
by setting aside the common order passed by the Reference Court.
6. This Court has considered the submissions made by the learned
counsel for the appellants and perused the material on record. As seen
from the Memorandum of Valuation, it would be evident that the State is
aggrieved by the enhancement of compensation in respect of Category
No.III lands. If at all the State is aggrieved by the enhancement of
compensation in respect of the other categories of lands, a specific
mention should have been made in the Memorandum of Valuation. That
apart, no specific ground is raised with reference to the other categories
of lands. Therefore, this Court is not inclined to accept the submission
made by the learned Government Pleader that the grounds raised in this
batch of appeals are equally applicable to the lands covered under
Category Nos.I and II also.
7. Coming to the enhancement of compensation in respect of
Category No.III lands, while making categorization, the Land Acquisition
Officer had categorically noted that the said lands are adjacent to
Pattikonda-Adoni Bye-pass Road. It is the case of the respondents/
claimants that the acquired land is surrounded by house sites and
situated in the junction of bye-pass road. Be that as it may.
LAAS_873 of 2011 and batch
8. Before the Reference Court, the claimants sought enhancement of
compensation in respect of all the three categories of lands to
Rs.15,00,000/- per acre. The Reference Court while referring to Ex.B.1 to
B.4 i.e., copies of sale deeds dated 16.3.1998, 26.6.1996, 27.8.1999,
25.5.2006 respectively and Ex.B.5 Valuation certificate issued by the
Sub-Registrar, Pathikonda, opined that the transactions in respect of the
said documents are for small extents of lands. However, it felt that once
the agriculturist loses the land because of acquisition, it is very difficult to
get similar extent of land for the agricultural purpose as the land has
become a scarce commodity. While observing that there is no downslide,
except increase in value of the land because of new economic measures
etc., the Reference Court enhanced the compensation in respect of
Category No.I to Rs.1,00,000/-, Category No.II to Rs.1,10,000/- and
Category No.III to Rs.1,25,000/-. Once the compensation in respect of
Category Nos.I and II lands is not questioned by the State, in the
considered opinion of this Court, the challenge to the enhancement of
compensation in respect of Category No.III lands, which are on a better
footing merits no appreciation. As noted earlier, Category No.III lands are
adjacent to Pattikonda-Adoni Bye-pass road and have potentiality of
house-sites. While opining that the claims made by the land
owners/claimants are on higher side and have to be brought down, the
Reference Court refixed the compensation as indicated above.
LAAS_873 of 2011 and batch
9. Considering the matter in its entirety, this Court is of the view that
the enhancement as made by the Reference Court in respect of Category
No.III lands contains cogent reasons and sees no grounds to interfere
with the common order under challenge. Accordingly, the appeals are
dismissed. No order as to costs. Miscellaneous petitions pending, if any,
shall stand closed.
____________________
NINALA JAYASURYA,J
______________________
T MALLIKARJUNA RAO,J
September 19, 2024
vasu
