Land Acquisition Officer, vs Noonavath Veeranna
2022 Latest Caselaw 4711 Tel

              THE HON'BLE JUSTICE G. SRI DEVI
                              AND
        THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI
                      L.A.A.S.No.504 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.786 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, lands of

the claimants, respondents herein, to an extent of Ac.21.37

guntas, situated at Malyala and Korivi Villages of Mahabubabad

and Korivi Mandals, Warangal District were acquired by the

Government for the purpose of excavation of 21 R Distributory

from KM 0-000 to 4-000 by invoking urgency clause and draft

notification under Section 4 of the Act was published on

01.07.1998 followed by draft declaration under Section 6 of the

Act on 02.07.1998. After due enquiry, the LAO passed an award

on 24.05.1999 by fixing the market value of the acquired land at

GSD, J and MGP, J Lass_504_2008

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 considering Exs.A9

to A12, 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 relying Exs.A9 to A12 for fixing the

market value of the acquired lands.

5. 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

GSD, J and MGP, J Lass_504_2008

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

observations of the reference Court. It is further submitted that

considering the nature of cultivation, the status of land and

other amenities available to the farmers, the reference Court

has rightly fixed the just market value. 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 near to Mahabubabad Town and other paraments and

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 the award proceedings itself, the L.A.O. has mentioned that

the 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 having good potentiality, but no

evidence was let in to show that the farmers were growing

commercial crops.

GSD, J and MGP, J Lass_504_2008

7. Insofar as the land situated in Malyala Village is

concerned, it is to be seen that this Court in LAAS No.109 of

2006 and batch by judgment dated 12.04.2022 has reduced the

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

Rs.45,000/- per acre. Whereas, insofar as the land situated in

Korivi Village is concerned, in the cross-examination, R.W.1 has

categorically admitted that the acquired land is nearer to the

main road which leads to Hyderabad via Torrur. It is also an

admitted fact that the sale transactions under Exs.A1 to A8 are

small extents. As already observed above, R.W.1 in his cross-

examination has admitted that in the award proceedings it is

mentioned by the L.A.O. that the claimants used to grow

commercial crops such as paddy, chilly cotton, turmeric etc. 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 the above, this

Court is of the considered opinion that the market value fixed

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

lands situated at Korivi Village cannot be said to be an higher

side.

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

the market value of the acquired land situated at Malyala

Village from Rs.80,000/- to Rs.45,000/- 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

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_504_2008

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

L.A.A.S.No. 504 OF 2008

DATE:16-09-2022