Telangana High Court
Sangamma vs The Govt. Of A.P., on 6 April, 2022
Bench: P Naveen Rao, Sambasivarao Naidu
HON'BLE SRI JUSTICE P.NAVEEN RAO
AND
HON'BLE SRI JUSTICE SAMBASIVARAO NAIDU
APPEAL SUIT No.662 Of 2002
Date:06.04.2022
Between:
Sangamma W/o.Nagaiah,
Age : 50 yrs R/o.Busareddypally (V),
Munipally Mandal, Medak District & others.
.....Appellants
And
The Government of A.P.,
Through Mandal Revenue Officer,
Munipally, RM, Medak District
.....Respondent
The Court made the following:
HON'BLE SRI JUSTICE P.NAVEEN RAO
AND
HON'BLE SRI JUSTICE SAMBASIVARAO NAIDU
APPEAL SUIT No.662 Of 2002
JUDGMENT : (per Hon'ble Sri Justice P.Naveen Rao)
This appeal is filed aggrieved by the judgment and decree dated
06.07.2001 in O.P.No.96 of 1996 on the file of Hon'ble Senior Civil Judge at
Sanga Reddy, Medak District.
2. Heard Ms.Nikita Goenka, learned counsel for the
appellants/claimants and learned Government Pleader appearing for the
respondent.
3. The land acquisition notification under Section 4 (1) of the Land
Acquisition Act, 1894 (for short 'the Act') was issued on 08.06.1984 to
acquire Ac.6.20 guntas of land in Sy.Nos.293, 294, 295, 353 and 296 of
Mallareddipet, H/o.Bussareddipet Village. The land of claimants to an
extent of Ac.2.20 guntas was also covered by the said notification. The Land
Acquisition Officer (LAO) passed Award on 10.03.1985 fixing the
compensation at Rs.2,200/- per acre. Not satisfied with the compensation
determined by the LAO, the claimants sought reference under Section 18 of
the Act. The reference was registered as O.P.No.96 of 1996 in the Court of
Senior Civil Judge at Sanga Reddy. The owners of land to an extent of
Ac.3.17 guntas which was part of the total extent of Ac.6.20 guntas sought
for reference under Section 18 of the Act, against the compensation
determined by the LAO at Rs.2,200/-. The reference was registered as
O.P.No.1280 of 1987 in the Court of District Judge, Medak at Sanga Reddy.
The reference Court enhanced the compensation payable to the claimants at
Rs.9000/- per acre. Not satisfied with the said order of the reference Court,
the claimants therein preferred A.S.No.956 of 1999 before this Court. This
Court by judgment dated 29.12.2009 further enhanced the compensation to
Rs.16,000/- per acre and accordingly, allowed the appeal.
4. We have gone through the record. From the record it is noticed that
Ac.3.17 guntas which was the subject matter of O.P.No.1280 of 1987 and
the land of the claimants herein is covered by the very same land acquisition
notification and forms part of the same survey numbers.
5. Following the decision of the Division Bench of this Court in
A.S.No.956 of 1999, we hold that the appellants herein are also entitled to
enhancement of compensation to Rs.16,000/- per acre, as granted to the
appellants in A.S.No.956 of 1999.
6. The Appeal Suit is accordingly, allowed. The enhanced compensation
shall be determined and paid to the claimants within a period of three
months from the date of receipt of copy of this order. Pending miscellaneous
petitions, if any, shall stand closed.
__________________
P.NAVEEN RAO,J
__________________________
SAMBASIVARAO NAIDU,J
6th April, 2022
Rds
