Salla Narsa Reddy vs The Land Acquisition Officer / ...
2022 Latest Caselaw 4707 Tel

                 THE HON'BLE JUSTICE G. SRI DEVI
                                 AND
         THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
                         L.A.A.S.No.638 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 the claimant

aggrieved by the judgment and decree dated 24.03.2008 made

in O.P.No.661 of 1997 on the file of the I Additional District

Judge, Nizamabad, seeking enhancement of the market value in

respect of the acquired land.


2.    Brief facts of the case are that the Government has

acquired land of the claimant admeasuring Ac.1.15 guntas

situated at Gangagadda Nadkuda Village of Nandipet Mandal,

Nizamabad District, for the purpose of providing house sites to

weaker section people and draft notification under Section 4 of

the Act was published on 23.02.1996 followed by draft

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

LAO passed an award on 15.01.1997 fixing the market value of

the   acquired    land    at   Rs.13,555/-   per   acre.   Seeking

enhancement of market value of the acquired land, the
                                  2
                                                      GSD, J and JS, J
                                                       Lass_638_2010

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

reference Court considering Ex.A2-judgment in O.P.No.229 of

1986 dated 02.04.1991, enhanced the market value of the

acquired land to Rs.8/- per square yard after deducting 1/3rd

towards development charges.         Being not satisfied with the

above enhancement, the claimant has preferred this appeal.


3.    Heard learned Counsel appearing for the appellant and

the   Assistant   Government    Pleader     for   Appeals   for   the

respondent. Perused the material available on record.

4. Learned Counsel for the appellant submits that the land

itself is acquired for providing house sites to the weaker section,

which goes to show that the land is having potentiality to be

used for housesites and therefore, instead of awarding market

value on acre basis, the L.A.O. ought to have awarded the

market value on yardage basis. It is contended that the award

covered by Ex.A2 pertains to the year 1983 whereas the award

in the present case pertains to the year 1996. Therefore, the

reference Court having accepted the judgment and decree in

Ex.A2 for fixing the market value, erred in not granting

GSD, J and JS, J Lass_638_2010

escalation for the period of 13 years. Learned Counsel further

submits that in respect of acquisition of the lands pertains to

Niamabad Town, which were acquired for providing housesites

by way of notification dated 24.03.1980, this Court in

A.S.No.958 of 1999 dated 20.07.2000 has enhanced the market

value of the land to Rs.60/- per square yard after deducting

1/3rd towards developmental activities. Therefore, the learned

Counsel prays for enhancement of market value in respect of

the acquired land.

5. On the other hand, learned Assistant Government Pleader

submits that considering the potentiality of the land acquired

for being used as housesites, the reference Court has rightly

enhanced the market value from Rs.13,555/- per acre to Rs.8/-

per square yard basing on Ex.B2 and therefore, prays for

dismissal of the appeal.

6. Admittedly, the reference Court accepting the judgment

and decree in O.P.No.229 of 1986 marked as Ex.A2 has modified

and enhanced the market value of the acquired land from

Rs.13,555/- per acre awarded by the L.A.O. to Rs.8/- per square

GSD, J and JS, J Lass_638_2010

yard after deducting 1/3rd towards developmental activities. As

rightly contended by the learned Counsel for the appellant that

there is a time gap of 13 years between the award passed in

Ex.A2 and the present award, for which period there would be

substantial increase in the market value of the land acquired,

which has not been taken into consideration by the reference

Court. The learned Counsel for the appellant placing reliance

on the judgment of this Court in A.S.No.958 of 1999 dated

20.07.2000 sought for enhancement of compensation for the

acquired lands at Rs.70/- per square yard as the land therein

was acquired for similar purpose. However, the fact remains

that the lands covered by A.S.No.958 of 1999 are situated in

Nizamabad Town. Whereas, the lands covered by the present

appeal are situated in Gangagadda Nadkuda Village of Nandipet

Mandal, Nizamabad District. Thus, there would be variation in

the price for both the lands. However, in the light of the

judgment of this Court in A.S.No.958 of 1999, dated 20.07.2000

wherein the market value in respect of the lands at Nizamabad

Town was enhanced to Rs.70/- per square yard, to meet the

ends of justice, this Court is inclined to fix the market value of

GSD, J and JS, J Lass_638_2010

the acquired land at Rs.45/- per square yard and after

deducting 1/3rd therefrom towards developmental charges the

net market value is fixed at Rs.30/- per square yard.

7. In the result, the appeal is allowed enhancing the market

value of the acquired land from Rs.8/- to Rs.45/- per square

yard and after deducting 1/3rd therefrom towards

developmental charges the net market value is fixed at Rs.30/-

per square yard. The claimant is also 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. JUVVADI SRIDEVI, J 16.09.2022 gkv/tsr

GSD, J and JS, J Lass_638_2010

THE HON'BLE JUSTICE G. SRI DEVI AND THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI

L.A.A.S.No. 638 of 2010

DATE: 16-09-2022