The Land Acquisition Officer vs Javvaji Venkateswarlu
2022 Latest Caselaw 4291 Tel

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

                      L.A.A.S. No. 836 of 2006

JUDGMENT : (per Justice G. Sri Devi)


      The lis in this appeal preferred by the Land Acquisition Officer-

cum-Revenue Divisional Officer, Khammam, 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.    The Government has acquired the land admeasuring Ac.2.08

gts., and Ac.1.33 gts., in Sy.Nos.90/2 and 94/2 respectively,

belonging to the respondent/claimant for the purpose of providing

house sites to weaker sections and fixed the value at Rs.18,000/- per

acre along with interest and solatium. Not satisfied with the

compensation determined by the Land Acquisition Officer,

respondent/claimant sought reference under Section 18 of the Act for

enhancement of the compensation. The reference was registered as

O.P.No.54 of 1996 in the Court of the Senior Civil Judge, Sathupally.

By an order, dated 23.03.2006, the learned Senior Civil Judge

enhanced the market value from Rs.18,000/- per acre to Rs.35,000/-

per acre and also granted all the other statutory benefits to the

respondent/claimant i.e., 12% additional market value, solatium at

30% on the market value, interest etc., on the enhanced amount to

GSD, J and MGP, J Laas_836_2006

extent of land acquired from him. 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 2006 none appears on behalf of the

respondent, we are constrained to dispose of the appeal basing on

the material available on record.

4. As seen from the record, the claimant as P.W.1 has deposed

before the reference Court he used to raise green grass in the

acquired land for cattle and was getting an income of Rs.20,000/- per

acre and he was intended to convert the land as wet land under

N.S.Canal water, since the N.S. Canal was situated very near to the

acquired land. According to the claimant, the land in the vicinity

was fetching Rs.45,000/- to Rs.50,000/- per acre, but he has failed to

produce any evidence. The valuation fixed by the Sub-Registrar as

seen from Ex.A1 is Rs.21,000/- per acre, however, the Land

Acquisition Officer has awarded the market value Rs.18,000/- per

acre. Taking into consideration of the said evidence the reference

Court has rightly enhanced the market value at Rs.35,000/- from

Rs.18,000/- per acre.

GSD, J and MGP, J Laas_836_2006

5. In the above circumstances, the appeal is dismissed confirming

the market value fixed by the reference Court in O.P.No.54 of 1996 in

the Court of the Senior Civil Judge, Sathupally. 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_836_2006

THE HON'BLE JUSTICE G. SRI DEVI

AND

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

L.A.A.S. No.836 of 2006

DATE: 25-08-2022

gkv/Tsr