Srinivas Rao Kale Died vs The Land Acquisition Officer ...
2022 Latest Caselaw 3903 Tel

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

                               L.A.A.S.No. 93 of 2010
JUDGMENT: (Per Hon'ble Justice G. Sridevi)

        This appeal is filed under Section 54 of the Land Acquisition

Act, 1894 (for short "the Act") by claimant No. 1 in O.P.No.462 of

1995 on the file of the Additional District Judge at Nizamabad,

aggrieved by the order and decree dated 20.05.1996.         During the

pendency of the appeal, as the claimant No. 1 died, his wife came on

record as appellant No. 2 being his sole legal representative.

        At the time when the matter is taken up for hearing, learned

counsel for the appellants submitted that the issue involved in this

appeal is squarely covered by the judgment, dated 20.07.2000 passed

in A.S. No. 958 of 1999. Learned Government Pleader for Appeals has

fairly conceded to the fact that the lands in the present appeal and

the lands in A.S.No.958 1999 were acquired for the purpose of

forming of Housing Board and this Court fixed the market value at

Rs.60/- per square yard after deducting 1/3rd of the total area

towards developmental activities in A.S.No.958 of 1999.

        In this case also the acquired lands are situated within the

municipal agglomeration of Nizamabad and the same were acquired

for the purpose of forming Housing Board. Therefore, in the light of
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                                                      GSD, J and MGP, J
                                                          Lass_93_2010

the judgment of this Court in A.S.No.958 of 1999 and for the reasons

stated therein, the present appeal is allowed fixing the market value

in respect of the subject land acquired at Rs.60/- per square yard

after deducting 1/3rd of the total area towards developmental

activities, along with other statutory benefits under the amended

statute and of the Land Acquisition Act.    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
27.07.2022

gkv/tsr

GSD, J and MGP, J Lass_93_2010

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

L.A.A.S.No. 93 of 2010

DATE: 27-07-2022