The Special Deputy Collector, vs Banoth Humla,
2022 Latest Caselaw 4699 Tel

              THE HON'BLE JUSTICE G. SRI DEVI

                              AND

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

                      L.A.A.S.No.124 of 2014
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 the Land

Acquisition Officer aggrieved by the order and decree dated

22.04.2002 made in O.P.No.51 of 1999 on the file of the Senior

Civil Judge, Mahabubabad.


2.    Brief facts of the case are that upon requisition of the

Executive Engineer, I.D. Division No.5, GBC-IV, Hanamkonda,

the lands of the claimants, respondents herein, to an extent of

Ac.9.26 guntas, situated at Madapur Village of Mahabubabad

Mandal and Koravi Village of Koravi Mandal were acquired by the

Government for the purpose of excavation of DBM-48 by

invoking urgency clause and draft notification under Section 4 of

the Act was published on 21.05.1999 followed by draft

declaration under Section 6 of the Act. After due enquiry, the

LAO passed an award on 04.08.1999 by fixing the market value

GSD, J and MGP, J Lass_124_2014

of the acquired land at Rs.24,000/- per acre. Seeking

enhancement of market value of the acquired land, the

claimants sought for reference under Section 18 of the Act. The

reference Court relying upon several sale transactions in and

around the land in acquisition, enhanced the market value of

the acquired land to Rs.80,000/- per acre. Aggrieved by the

same, the LAO has preferred this appeal.

3. Heard learned Assistant Government Pleader for Appeals

for the appellant and learned Counsel appearing for the

claimants. Perused the material available on record.

4. Learned Assistant Government Pleader contends that no

justification is shown for enhancing the compensation by more

than three times than what was determined by the L.A.O. He

further submits that the reference Court has not properly

appreciated the material available on record. He further

submits that the reference Court also erred in relying on the

transaction of the lands in other villages ignoring the

transactions in the same village as noticed by the L.A.O.

GSD, J and MGP, J Lass_124_2014

5. On the other hand, learned Counsel for the respondents-

claimants submitted that the reference Court has considered all

aspects while holding that the farmers are entitled to higher

compensation than what was determined by the L.A.O. by

pointing out the observations of the reference Court. It is

further submitted that in the absence of sale transactions in the

same village, the reference Court has rightly relied upon the

sale transactions undertaken in the neighbouring villages which

are all contiguous having same nature of cultivation, the status

of land and other amenities available to the farmers to arrive at

just compensation. It is further submitted that the reference

Court duly taking note of the nature of land, the commercial

crops grown by the farmers, its strategic location being near to

Mahabubabad Town, other parameters has rightly enhanced the

compensation to Rs.80,000/- per acre.

6. It is not in dispute that the acquired lands are cultivable

lands wherein, as per the evidence of claimants, commercial

crops such as chilly and groundnut were being raised.

Admittedly, there are no sale transactions in and around the

GSD, J and MGP, J Lass_124_2014

acuiqred land. In catena of decisions, the Apex Court as well as

this Court categorically held that if there are no sale

transactions in and around the land in acquisition, the L.A.O.

has to take sale data atleast from surrounding villages. While

passing the award, the L.A.O. has not considered several sale

transactions for the years 1994, 1995 and 1996 wherein the

value of the lands situtated in surrounding villages is ranging

between Rs.23,000/- to Rs.3,62,000/- per acre. Further, the

L.A.O. recorded the statements made by the ryots on the land

value ranging between Rs.23,000/- to Rs.3,62,000/-, but he has

discarded several sale transactions and only took the value

which is very low and fixed the same on the ground that there

are no specific sale transactions in and around the land in

acquisition. The record also reveals that the Government has

paid Rs.82,000/- per acre for the lands acquired by the

government in the same Mahabubabad Mandal. That apart R.W.1

admitted in his cross-examination about the fixing of Rs.1.00

lakh and Rs.70,000/- per acre by consent through Akilapaksha

Committee. It is not in dispute that the acquired lands are

GSD, J and MGP, J Lass_124_2014

cultivable lands wherein, as per the evidence of claimants,

commercial crops such as chilly and groundnut were being

raised. The record also reveals that the Government has paid

Rs.1.00 lakh per acre for the lands situated at Rajupeta and

morethan Rs.70,000/- per acre for the lands situated at

Edulapusapalli and other villages. It is also an admitted fact

that the Korivi Village itself has become the Mandal Head

Quarter and all developmental activities have been taken up in

the entire village. Considering all these circumstances, this

Court is inclined to reduce the market value of the acquired

land in respect of Madapur Village from Rs.80,000/- to

Rs.70,000/- while maintaining the market value fixed by the

reference Court at Rs.80,000/- per acre in respect of lands at

Korivi Village.

8. In the result, the appeal is allowed in part while reducing

the market value of the acquired land situated at Madhapur

Village from Rs.80,000/- to Rs.70,000/- per acre, the market

value fixed by the reference Court at Rs.80,000/- per acre in

respect of the land situated at Korivi Village is hereby

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confirmed. The claimants are entitled for the statutory benefits

like Additional amount, solatium and interest as per law. 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 16.09.2022 gkv/tsr

GSD, J and MGP, J Lass_124_2014

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

L.A.A.S.No. 124 OF 2014

DATE:16-09-2022