The Special Deputy Collector vs Palem Bhumaiah
2022 Latest Caselaw 4290 Tel

               THE HON'BLE JUSTICE G. SRI DEVI
                             AND
          THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI

                     L.A.A.S. No. 511 of 2010

JUDGMENT : (per Justice G. Sri Devi)


         The lis in this appeal preferred by the Land Acquisition

Officer-cum-Special Deputy Collector, Loc. Unit,         S.R.S.P.

Project, Pochampad, Nizamabad District, is directed against the

order passed by the civil Court in the reference made under

Section 18 of the Land Acquisition Act, 1894 (for short "the

Act").

2.       Upon the requisition of the Executive Engineer, Division

No.2, Sriram Sagar Project, the Government has acquired the

agricultural lands at Pochampally Village of Vailpur Mandal,

Nizamabad District belonging to the respondents herein. The

draft notification under Section 4 (1) of the Act was published

on 04.03.2004 followed by notification under Section 6 of the

Act. The Land Acquisition Officer passed an award, dated

06.12.2004 fixing the market value at Rs.25,000/- per acre. Not

satisfied with the compensation determined by the Land

Acquisition Officer, respondents/claimants sought reference

GSD, J and MGP, J Laas_511_2010

under Section 18 of the Act for enhancement of the

compensation. The reference was registered as O.P.No.25 of

2005 in the Court of the Senior Civil Judge, Nizamabad. By an

order, dated 26.03.2009, the learned Senior Civil Judge

enhanced the market value from Rs.25,000/- per acre to

Rs.75,000/- per acre and also granted all the other statutory

benefits to the respondents/claimants i.e., 12% additional

market value, solatium at 30% on the market value, interest

etc., on the enhanced amount to extent of land acquired from

them. Aggrieved thereby, the present appeal is filed by the

Land Acquisition Officer.

3. Heard the Government Pleader for Appeals. Although the

appeal pertaining to the year 2010 none appears on behalf of

the respondents, we are constrained to dispose of the appeal

basing on the material available on record.

4. As seen from the record, although the claimants claimed

that the land is having potentiality to be sold at Rs.2,00,000/-

per acre, they failed to adduce any evidence to show that the

land in the vicinity was being sold at Rs.2,00,000/- per acre.

GSD, J and MGP, J Laas_511_2010

Such being the case and in the absence of any sale transactions

produced by the claimants for the relevant period, the

reference Court basing on G.O.Ms.No.56, dated 23.04.2002,

wherein, in respect of dry land without any source of irrigation

was fixed at Rs.75,000/- per acre, as suggested by the Lok

Adalat, fixed the market value in respect of the acquired land at

Rs.75,000/- per acre, which cannot be said to be exorbitant.

Admittedly, the possession of the acquired land was taken on

04.05.1983 and whereas the notification was issued on

04.03.2004. In the light of the judgments of the Apex Court in

R.L.Jain (D) by LRs v. DDA and others1 and Tahera Khotoon

and others v. Revenue Divisional Officer2, the claimants are

entitled to the benefit of 15% additional interest from the date

of taking possession of the land till the date of publication of

the preliminary notification.

5. In the above circumstances, the appeal is dismissed

confirming the market value fixed by the reference Court in

O.P.No.25 of 2005 in the Court of the Senior Civil Judge,

(2004) 4 SCC 79

(2014) 13 SCC 613

GSD, J and MGP, J Laas_511_2010

Nizamabad. However, the respondents-claimants are entitled to

additional interest @ 15% per annum on compensation i.e.,

market value, additional market value and solatium from the

date of taking over actual possession i.e., 04.05.1983 till the

date of publication of notification i.e., 04.03.2004. There shall

be no order as to costs.

Pending miscellaneous applications, if any, shall stand

closed.

_________________ JUSTICE G. SRI DEVI

_______________________ JUSTICE M.G.PRIYADARSINI

25.08.2022 gkv/tsr

GSD, J and MGP, J Laas_511_2010

THE HON'BLE JUSTICE G. SRI DEVI

AND

THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI

L.A.A.S. No.511 of 2010

DATE: 25-08-2022

gkv/Tsr