Union Of India vs Malim Mohammad Khadeer
2022 Latest Caselaw 1197 Tel

       HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
                         AND
            HON'BLE SRI JUSTICE M.LAXMAN

              LAAS.Nos.353, 354 and 355 of 2016

COMMON JUDGMENT: (per Justice A.Rajasheker Reddy)

     These three appeals are filed by the Union of India

challenging the common Order and Decree dt.03.09.2015 passed

in OP.Nos.30, 31 and 29 of 2012, respectively, on the file of the

Court of Senior Civil Judge, Gadwal, wherein and whereby the

Reference    Court   has   enhanced   the   compensation    from

Rs.17,000/- per acre to Rs.354/- per square yard.


     Heard learned counsel for both the parties.


     The Reference Court, basing on the order passed in

OP.No.23/2010, enhanced the market value of the subject lands

from Rs.17,000/- per acre to Rs.354/- per square yard vide order

dt.03.09.2015 in OP.Nos.30, 31 and 29 of 2012, which is under

challenge.

     A perusal of the Judgment and Decree dt.09.11.2012 in

OP.No.23 of 2010 covers the issue in the present appeals. The

acquired lands in the present appeals and the acquired lands in

OP.No.23 of 2010 arising out of same notification and pertaining

to same village; and that the reference Court in OP.No.23/2010
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fixed the market rate @ Rs.354/- per square yard by order

dt.09.11.2012. Since the subject lands in the present appeals are

arising out of the same notification and same village of OP.No.23

of 2010, the respondents/claimants are also entitled for the said

amount and in the present appeals also. Further, it is also not

disputed that the said order dt.09.11.2012 in OP.No.23 of 2010

was complied with by the respondent therein by paying amounts

to the claimant and it has also become final without being

challenged.

In view of the aforesaid facts and circumstances, we are of

the opinion that the present appeals filed by the Union of India

are liable to be dismissed.

Accordingly, the appeals are dismissed. No order as to costs.

As a sequel thereto, miscellaneous applications, if any

pending, shall stand closed.

____________________________ A.RAJASHEKER REDDY, J

________________ M.LAXMAN, J 16.03.2022 tk

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND HON'BLE SRI JUSTICE M.LAXMAN

LAAS.Nos.353, 354 and 355 of 2016

Date: 16.03.2022

tk