The Special Deputy Collector vs Vankudoth Chatriya
2022 Latest Caselaw 4710 Tel

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

                     L.A.A.S.No.122 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.16 of 1999 on the file of the Senior

Civil Judge, Mahabubabad.


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.4.07 ½

guntas, situated at Mudupugal Village of Mahabubabad Mandal,

Warangal District were acquired by the Government for the

purpose of excavation of the DBM-48 SRP from K.M. 39.480 to

42.000 by invoking urgency clause and draft notification under

Section 4 of the Act was published on 03.03.1997 followed by

draft declaration under Section 6 of the Act on 04.03.1997.

After due enquiry, the LAO passed an award on 31.03.1997 by

fixing the market value of the acquired land at Rs.20,000/- per

GSD, J and MGP, J Lass_122_2014

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 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 considering the transaction of the

lands in other villages ignoring the transactions in the same

village as noticed by the L.A.O.

5. Learned Counsel for the respondents-claimants submitted

that the reference Court has considered all aspects while

GSD, J and MGP, J Lass_122_2014

holding that the farmers are entitled to higher compensation

than what was determined by the L.A.O. by pointing out

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 nature of land, commercial crops grown by

the farmers, strategic location of it 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.

Admittedly, there are no sale transactions in and around the

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.

GSD, J and MGP, J Lass_122_2014

has to take sale data atleast from surrounding villages. While

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

sale transactions for the years 1994, 1995 and 1996 wherein the

value of the lands situtated in surrounding villages was sold at

Rs.70,000/- to Rs.1,00,000/- per acre. Further, the evidence

discloses that the value of the land is more than Rs.1,61,000/-

per acre as per Ex.X1. The L.A.O. has not considered the same

and he straight away determined the market value of the lands

under acquisition in Mudupugal Village at Rs.20,000/- per acre.

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 village by consent apart from avocation loss and crop loss.

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/- 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

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Rs.70,000/- per acre. 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_122_2014

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

L.A.A.S.No. 122 OF 2014

DATE:16-09-2022