Smt. G. Rajani T. Rajani vs The Deputy Registrarcumofficer ...
2023 Latest Caselaw 934 Tel

    IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH
                      AT HYDERABAD

           TUESDAY, THE TWENTY SIXTH DAY OF OCTOBER
                     TWO THOUSAND AND TEN

                               PRESENT
           THE HON'BLE MR JUSTICE V.ESWARAIAH
                           &
           THE HON'BLE MR JUSTICE NOUSHAD ALI

            A.S. Nos.62/2000, 216/2005 & 349/2005

A.S. No.62 of 2000
Between:
The Special Deputy Collector
(Land Acquisition Officer)
L.A.Unit, Warangal
                                             ..... APPELLANT
AND
Bojjam Peddaramaiah and 133 others
                                          .....RESPONDENTS

A.S. No.216 of 2005 Between:

L.A.O.,The Special Deputy Collector (SRSP) L.A.Unit, Warangal ..... APPELLANT AND K.Sulochana and 17 others .....RESPONDENTS A.S. No.349 of 2005 Between:

The Special Deputy Collector Land Acquisition Officer L.A.Unit, Warangal ..... APPELLANT AND Gurrala Raji Reddy and 74 others .....RESPONDENTS

The Court made the following:

THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON'BLE SRI JUSTICE NOUSHAD ALI A.S. Nos.62/2000, 216/2005 & 349/2005

COMMON JUDGMENT: (per Hon'ble Sri Justice V.Eswaraiah)

All these three appeals are filed by the Special Deputy Collector

(Land Acquisition Officer) L.A.Unit, Warangal against the orders in O.P.No.145/1995 dated 13.04.1999, O.P.No.32/1999 dated 08.10.1991,

both on the file of First Additional Senior Civil Judge, Warangal and

O.P.No.183/1995 dated 19.01.2001 on the file of the Second Additional

Senior Civil Judge, Warangal.

2. As against the earlier order in O.P.183/1995 dated 08.01.1999 in

fixing the market value @Rs.42,000/- per acre by the Reference Court, the

Land Acquisition Officer filed A.S.1651/1999 before this Court and this

Court set aside the earlier order and remanded the matter to the Reference Court. By order dated 13.04.199, the Reference Court

disposed of O.P.145/1995 fixing the market value @Rs.48,000/- per acre.

Based on the order passed in O.P.145/1995 dated 13.04.1999, the other

two O.P.Nos.32/1999 and 183/1995 on remand were disposed of by

orders dated 08.10.2001 and 19.01.2001 respectively, fixing the market

value @Rs.48,000/- per acre. As such, we are of the opinion that the facts

in O.P.No.145/1995 which is the subject matter of A.S.62/2000 are

relevant and suffice to dispose of these three appeals.

3. The lands covered by O.P.No.145/1995 were acquired pursuant

to the notification issued under Sec.4(1) of the Land Acquisition Act dated 30.10.1991, whereas the lands covered by O.P.183/1995 were acquired

pursuant to Sec.4(1) notification dated 16.07.1991 and the lands covered

by O.P.32/1999 were acquired pursuant to Sec.4(1) notification dated

03.03.1997.

4. The learned Government Pleader for Appeals submits that the

lands acquired in the instant case are for the purpose of excavation of

Sriram Sagar Project Canal under different reaches of DBM. In

O.P.Nos.145/1995 and 183/1995 the Land Acquisition Officer fixed the market value @Rs.22,000/- per acre and in O.P.32/1999 the Land

Acquisition Officer fixed the market value @Rs.24,000/- per acre under

separate Awards. Though separate evidence was let in and different exhibits were marked, firstly O.P.145/1995 was decided on 13.04.1999,

whereas the other two O.Ps.183/1995 and 32/1999 were disposed of on

19.01.2001 and 08.10.2001 respectively, and all the lands covered by

three OPs are situated in the same village Regonda.

5. The evidence available in O.P.183/1995 which is subject matter

of A.S.349/2005 is relevant and is being discussed as common in these

three appeals.

6. On behalf of the claimants, PWs 1 to 8 were examined and

Exs.A1 to A4 were marked. On behalf of Land Acquisition Officer, RW 1

was examined and Ex.B1 Award and Ex.B2 proceedings were marked.

7. PWs 1, 2, 4, 5, 7 and 8 are different claimants in these three appeals and they stated that their lands were acquired for the purpose of

laying Sriram Sagar Project Canal and all the lands are similar and they

used to raise chilly, cotton and other commercial crops under well

irrigation. The Land Acquisition Officer fixed the market value

@Rs.22,000/- per acre, but whereas they have claimed compensation

@Rs.60,000/- per acre. They have stated that under Ex.A1 one Kotikam Saireddy sold an extent of one acre of land to Katkam Sudharshan for

Rs.40,714/- though the actual price was at Rs.60,000/- per acre. They stated that they are getting net profit @Rs.25,000/- per acre. The land

sold for Rs.40,714/- was at a distance of 1/4th kilometres from the acquired land. It is further stated that one Gukula Ram Reddy purchased

an extent of Ac.2.00 of land @Rs.70,000/- per acre.

8. PW 3 stated that he purchased an extent of Ac.0.14 gts of land in

Sy.No.467.C from Bandi Bakkaiah @Rs.1,000/- per gunta.

9. PW 6 stated that his father sold the land of an extent of Ac.0.20 gts in Sy.No.290 for a sum of Rs.79,860/- which works out to

Rs.1,59,720/- for the purpose of rice mill. It is stated that there are houses in and around the said sold property and Kakatiya canal is passing abutting the village and there are houses either side of the canal. The lands of some of the claimants are also acquired in connection with

Kakatiya canal. The present market value of the acquired land is at Rs.10,000/- per gunta.

10. The Special Deputy Collector got examined RW 1 and he stated that the Government acquired Ac.37.21 gts and the Land

Acquisition Officer fixed the market value @Rs.22,000/- per acre, and the claimants are not entitled for any enhancement over and above the amount as fixed by the Land Acquisition Officer under Ex.B1 Award. He

denied the suggestion that the acquired land would fetch more than Rs.50,000/- per acre. He also denied the suggestion that the Land

Acquisition Officer did not consider the available sale transactions of the lands situated nearby the acquired lands.

11. We have perused the award passed by the Land Acquisition Officer. The Land Acquisition Officer considered as many as 17 sale

transactions and out of which he placed reliance on two sale transactions placed at Sl.Nos.3 and 6. The sale transaction at Sl.No.3 is in respect of

Sy.No.467/C of an extent of Ac.0.14 gts which was sold for a sum of R.14,250/- i.e. @Rs.40,714/- per acre and the same is two years prior to the notifications issued in respect of the acquired lands in O.P.145/1995

and O.P.183/1995 and eight years prior to the notification issued in respect of the acquired lands in O.P.32/1999. The land covered under

sale transaction dated 18.01.1988 at Sl.No.6 is an extent of Ac.0.07 gts and the same was sold for a sum of Rs.4,000/- i.e. @Rs.22,857/- per

acre. The Land Acquisition Officer also placed reliance on Ex.A2 sale transaction dated 31.03.1990 in O.P.183/1995 under which an extent of

Ac.0.20 gts in Sy.No.290 was sold for a sum of Rs.79,860/- which works out to Rs.1,59,720/-. Some other house sites in other survey numbers

were sold at the same rate which works out to Rs.1,59,720/-. There was also one sale transaction covering the sale of one gunta of land in Sy.No.468 @Rs.1,93,600/- per acre.

12. The Land Acquisition Officer held that the sale transaction covered by Sl.Nos.3 and 6 are relevant and though the sale transaction

covered by Sl.No.3 of an extent of Ac.0.14 gts. reflects the sale @Rs.40,714/- per acre, he has taken the sale transaction of lesser extent

of Ac.0.07 gts which was sold @Rs.22,857/- per acre. He also held that the acquired lands are in no way inferior, but as a matter of fact more

fertile and situated in a more developed area. The evidence available on record goes to show that the acquired lands are nearby the mandal head

quarters and surrounded by commercial establishments and houses and they are more fertile and the claimants used to raise commercial crops

like cotton, chillies etc. Therefore, the Reference Court placed reliance on Ex.A2, but, however, as Ex.A2 is in respect of Ac.0.20 gts and as it was sold for the purpose of rice mill, the Reference Court has taken 30%

alone out of total consideration of Ex.A2 and fixed the market value @Rs.48,000/- per acre.

13. In view of the aforesaid facts and circumstances of the case, we are of the opinion that the Reference Court having taken into

consideration the oral and documentary evidence and the potentiality of the lands, fixed the market value @Rs.48,000/- per acre for the acquired

lands. As a matter fact, the claimants in O.P.32/1999 are entitled to escalation of the market value, but they being innocent farmers, they have not chosen to file any cross appeals and satisfied with the compensation

as fixed by the Reference Court.

14. We are also of the opinion that as the orders in

O.P.Nos.32/1999 and 183/1995 which are subject matter of A.S.Nos.216/2005 and 349/2005 were passed based on the orders

passed in O.P.145/1995 which is the subject matter of AS.62/2000, the impugned orders of the Reference Court are liable to be confirmed.

15. For the foregoing observations, we are not inclined to interfere with the orders impugned in these three appeals, and these three Appeal

Suits are accordingly dismissed. No order as to costs.

____________________ V.ESWARAIAH,J

________________ NOUSHAD ALI,J Dated: 26.10.2010 Dsr