Land Acquisition Officer, Srsp, ... vs Vankoth Chatriya
2022 Latest Caselaw 4709 Tel

              THE HON'BLE JUSTICE G. SRI DEVI

                              AND

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

                      L.A.A.S.No.524 of 2008

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 award and decree dated

29.11.2007 made in L.A.O.P.No.871 of 1999 on the file of the II

Additional District Judge, Warangal.


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

Executive Engineer, Division No.6, GBC-IV, Warangal, the lands

of the claimants, respondents herein, to an extent of Ac.8.05

guntas, situated at Shanigapur and Mudupugal Villages of

Mahabubabad Mandal, Warangal District were acquired by the

Government for the purpose of excavation of 17 AL Minor of

DBM-48 SRSP Canal by invoking urgency clause and draft

notification under Section 4 of the Act was published on

05.07.1998 followed by draft declaration under Section 6 of the

Act on 06.07.1998. After due enquiry, the LAO passed an award

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on 04.12.1998 by fixing the market value of the acquired land at

Rs.25,000/- 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 considering Exs.A9,

10, 12 and 13, 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 nearly by

four 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 Exs.A9, A10, A12 and A13

for fixing the market value of the acquired lands as the extents

of land referred in those transactions are smaller extents.

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5. On the otherhand, 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 relying upon the awards passed in

O.P.No.38 of 1999 and 16 of 1999 and also considering the

nature of cultivation, the status of land and other amenities

available to the farmers, the reference Court has rightly

enhanced the market value of the acquired land. It is further

submitted that the reference Court duly taking note of nature of

land, commercial crops grown by the farmers, its strategic

location being very near to Mahabubabad Town and 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.

Further,in Exs.B1 and 2, the L.A.O. has observed that the

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claimants used to raise commercial crops like paddy, chilly,

cotton, turmeric etc. with well water and most of the lands are

situated by the side of the road, but no evidence was let in to

substantiate that the farmers were growing commercial crops.

However, in the cross-examination, R.W.1 has categorically

admitted that the above road is the main road to go to

Hyderabad via Torrur and also to go to Mahabubabad to

Warangal via Thorrur. It is also an admitted fact that the sale

transactions under Exs.A1 to A6 are in relation to small extents

of land. Considering the nature of all these circumstances, the

learned reference Court ought to have fixed the just and fair

market value at the rate of Rs.70,000/- per acre instead of

Rs.80,000/- per acre. Accordingly, this Court is inclined to

reduce the market value of the acquired land from Rs.80,000/-

to Rs.70,000/- per acre.

7. In the result, the appeal is allowed in part by reducing the

market value of the acquired land from Rs.80,000/- to

Rs.70,000/- per acre. The claimants are entitled for the

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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_524_2008

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

L.A.A.S.No. 524 OF 2008

DATE:16-09-2022