Silar Mohammed 178 Others vs Spl Dy Collector La Sangareddy 87 ...
2022 Latest Caselaw 4292 Tel

                THE HON'BLE JUSTICE G. SRI DEVI
                               AND
         THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI
               L.A.A.S.Nos.57 of 2013 and 537 of 2017


COMMON JUDGMENT: (Per Hon'ble Justice G. Sridevi)

      Since both the appeals are arising out of the same award

proceedings, they are heard together and being disposed of by this

common judgment.


2.    The appellants are the claimants in O.P.No.6 of 1988 on the

file of the Senior Civil Judge at Sangareddy. They filed these two

appeals against the order and decree of the reference Court,

dated 31.12.2002, seeking enhancement of the compensation

awarded by the L.A.O.


3.    Heard the learned Counsel for the appellants and the

Government Pleader for Appeals appearing on behalf of the

respondent No.1. Perused the material available on record.

4. Upon the requisition made by the Executive Engineer,

I.D.L.A. & R Division No.3, Singoor Project, Sangareddy, the Land

Acquisition Proceedings were initiated in respect of the house

structures of the appellants-claimants by issuing draft notification

dated 20.05.1986 under Section 4 (1) of the Land Acquisition Act, 2 GSD, J and MGP, J Laas_57_2013 and 537_2017

1894 (for short "the Act) followed by the declaration under

Section 6 of the Act. The Land Acquisition Officer fixed the value

of the acquired land at Rs.6/- per square meter along with other

statutory benefits. Aggrieved thereby, the appellants sought for

reference under Section 18 of the Act for enhancement of the

compensation of the land and also for compensation for the house

structures. The reference was registered as O.P.No.6 of 1988 in

the Court of Senior Civil Judge at Sangareddy. By order, dated

31.12.2002, the reference Court dismissed the claim holding that

the L.A.O. has granted adequate compensation. Challenging the

same, appellants-claimants filed the present appeals.

5. The learned Counsel for the appellants has argued that on

earlier occasion in respect of the very same project, the lands of

the claimants in O.P.Nos.48 and 49 of 1996 were acquired by the

Government, wherein, upon reference sought by the claimants,

the reference Court has fixed the market value of the land at

Rs.8/- per square meter apart from granting the value for the

structures at 50% of the estimates made by the Chartered Engineer

(P.W.1 therein) with all statutory benefits. When the Government

has carried the matter in appeal before this Court in

L.A.A.S.No.390 of 2005 and 476 of 2006, this Court basing on its 3 GSD, J and MGP, J Laas_57_2013 and 537_2017

earlier judgment in A.S.No.1060 of 2007 dismissed the appeals

confirming the compensation for the land at Rs.8/- per square

meter and also upholding the fixation of the value for structures at

50% of the estimations made by the Chartered Engineer. The

learned Counsel submits that the very same Chartered Engineer,

who submitted the valuations in O.P.Nos.48 and 49 of 1996, has

also submitted the valuations in the present O.P., who is examined

as P.W.12 and therefore, basing on the orders in O.P.Nos.48 and

49 of 1996 which were confirmed by this Court in L.A.A.S.Nos.390

of 2005 and 476 of 2006, the learned Counsel seeks to enhance the

market value of the land to Rs.8/- per square meter and to grant

the value for the structures at 50% of the estimations made by

P.W.12, Chartered Engineer with all statutory benefits.

6. Learned Government Pleader for Appeals has not disputed

the factum of dismissal of L.A.A.S.Nos.390 of 2005 and 476 of 2006

confirming the compensation in respect of the market value of the

land at Rs.8/- per square meter and granting valuations for

structures at 50% of the estimations made by the Chartered

Engineer, as was fixed by the reference Court in O.P.Nos.48 and 49

of 1996.

4 GSD, J and MGP, J Laas_57_2013 and 537_2017

7. In the circumstances, basing on the valuation fixed by the

reference Court in respect of the acquired land and structures in

O.P.Nos.48 and 49 of 1996, as confirmed by this Court in

L.A.A.S.No. 390 of 2005 and 476 of 2006, this Court is inclined to

enhance the market value of the land at Rs.8/- per square meter

and also grant the value for structures at 50% of the estimations

made by P.W.12 with all statutory benefits.

8. In the result, both the appeals are allowed setting aside the

order dated 31.12.2002 passed in O.P.No.6 of 1988 on the file of

the Senior Civil Judge at Sangareddy. The market value of the

acquired land, as awarded by the L.A.O. is hereby enhanced from

Rs.6/- to Rs.8/- per square meter apart from awarding the value

for the structures at 50% of the estimations made by P.W.12,

Chartered Engineer, with all statutory benefits. There shall be no

order as to costs.

Miscellaneous petitions, if any pending, shall stand closed.

____________ G. SRI DEVI, J

_______________________ SMT. M.G.PRIYADARSINI, J 25.08.2022 gkv/tsr