Katika Venkataiah vs The Land Acquisition Officercum
2022 Latest Caselaw 6776 Tel

    THE HONOURABLE SMT. JUSTICE P.SREE SUDHA

                APPEAL SUIT No. 2059 of 2002

JUDGMENT:

This appeal is filed by the appellants/claimants under

Section 54 of the Land Acquisition Act read with Section 96

of C.P.C. against the judgment and decree, dated 16.05.2002,

passed by the learned Senior Civil Judge, Mahabubnagar, in

O.P.No.25 of 1991.

Learned Counsel for the appellants contended that the

trial Court failed to consider Ex.A1-registered sale deed

executed prior to Section 4 (1) notification, wherein the

value of the land was Rs.50/- per square yard; that the trial

Court ought to have considered Ex.A2, which is the post

notification sale, for the purpose of ascertainment of market

value as on the date of notification; that the trial Court erred

in fixing compensation at Rs.20/- per square yard and

deducting 1/3rd towards developmental charges and

granted Rs.13.34 per square yard, which is far less than the

market value prevailing in the locality as on the date of 4 (1)

notification; that the lands under acquisition were acquired

for the purpose of providing house sites to the Non

Gazetted Officers and as the lands are fit for construction of

houses, it can be safely inferred that the claimants are

entitled for Rs.50/- per square yard, however, the trial

Court erroneously passed the judgment and, therefore,

requested the Court to set aside the judgment and decree of

the trial Court and to refix the compensation for the

acquired lands of the appellants at Rs.50/- per square yard.

When the matter was taken up for hearing on

30.11.2022, the learned Counsel appearing on either side

present and submitted that there are batch of appeals

relating to the lands situated at Yenugonda village,

Mahabubnagar District, and out of which two appeals were

already disposed of by a Division Bench of this Court and

that the issue involved in this appeal is squarely covered by

the said decision of the Division Bench and as such they

requested time to file a copy of the said judgment. Today,

when the matter is taken up for hearing, the learned

Counsel appearing on either side submitted a copy of the

judgment dated 07.07.2022 passed in L.A.A.S.No.487 of

2008.

Perused the copy of the aforesaid judgment of a

Division Bench of this Court in L.A.A.S.No.487 of 2008,

decided on 07.07.2022, whereunder the appeal filed by the

claimants was allowed holding that the claimants are

entitled to compensation at the market value of Rs.50/- per

square yard along with other statutory benefits under the

amended statute and of the Land Acquisition Act.

In view of the aforesaid decision of a Division Bench

of Court, this Court is of the view that it is just and

reasonable to refix the compensation for the acquired lands

of the appellants at the market rate of Rs.50/- per square

yard along with other statutory benefits under the amended

statute and other Land Acquisition Act.

Accordingly, the appeal is allowed. No order as to

costs.

Miscellaneous petitions, if any, pending, shall stand

closed.

_______________________ JUSTICE P.SREE SUDHA

13.12.2022 Gsn