Land Acquisition Officer, Srsp, ... vs Bukya Janu
2022 Latest Caselaw 4725 Tel

               THE HON'BLE JUSTICE G. SRI DEVI

                               AND

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

                      L.A.A.S.No.523 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.942 of 2000 on the file of the II

Additional District Judge, Warangal.


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

Executive Engineer, Division No.2, GVS-IV, Warangal, the lands

of the claimants, respondents herein, to an extent of Ac.18.37

½ guntas, situated at Singaram, Munagaveedu and

Guindemrajupally Villages, Mahabubabad Mandal, Warangal

District were acquired by the Government for the purpose of

excavation of 15 R Minor of DBM-48 SRSP Canals by issuing draft

notification under Section 4 of the Act on 18.09.1998 followed

by draft declaration under Section 6 of the Act on 19.09.1998.

After due enquiry, the LAO passed an award on 30.07.1999 by

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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.A1 to A9, enhanced

the market value of the acquired land to Rs.75,000/- per acre.

Aggrieved by the same, the LAO has preferred this appeal.

3. Heard Sri D.Kiran, 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

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 Exs.A1 to A6 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 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 relying upon Ex.A9-award passed in

O.P.No.58 of 1999 and Ex.A1-sale transaction which pertains to

the same village of Singaram, Mahabubabad Mandal 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.75,000/- 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, cotton and groundnut were being raised,

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which has also been admitted by R.W.1 in his cross-examination.

Among Exs.A1 to A6, sale deeds, the more relevant sale

transaction is Ex.A1 which pertains to Singaram Village, which

took place one year prior to the issuance of the notification. As

seen from Ex.A1, the sale consideration paid by purchaser,

P.W.8, to an extent of Ac.0.30 guntas was at Rs.90,000/- per

acre. That apart, as seen from Ex.A7, the Government Circular

vide G.O.Ms.No.265, dated 29.12.1997, the Government has

fixed the market value at Rs.1,00,000/- per acre for the land

situated in Rajupet Village of Mahabubabad Mandal acquired for

the purpose of excavation of 11 R DBM-38 SRSP Canals. So also,

as seen from Ex.A8, for acquisition of the land belonging to

P.W.7 in the year 1992, for formation of bye-pass road, the

L.A.O. has fixed the market value at Rs.82,000/- per acre.

Considering the said documents, the reference Court has fixed

the market value at Rs.75,000/- per acre. However, the fact

remains that the extent of land covered Exs.A1, A7, A8, A9 and

A10 are smaller extents of the land, the learned reference Court

ought to have fixed the just and fair market value at the rate of

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Rs.70,000/- instead of Rs.75,000/- per acre. Accordingly, this

Court is inclined to reduce the market value of the acquired

land from Rs.75,000/- 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.75,000/- to

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

statutory benefits like Additional amount, solatium and interest

as per the amended Act. 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 19.09.2022 gkv/tsr

GSD, J and MGP, J Lass_523_2008

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

L.A.A.S.No. 523 OF 2008

DATE:19-09-2022