M.Bala Laxmi , Bala Laxmamma vs The Revenue Divisional Officer ...
2023 Latest Caselaw 3879 Tel

 THE HON'BLE SHRI JUSTICE ABHINAND KUMAR SHAVILI
                                AND
     THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI

      CIVIL MISCELLANEOUS APPEAL No.182 of 2023

JUDGMENT: (Per Hon'ble Shri Justice Abhinand Kumar Shavili)


      This Civil Miscellaneous Appeal is filed by the

appellants aggrieved by the orders passed by the learned

I Additional District and Sessions Judge, Medchal-

Malkjgiri District at Malkajgiri in I.A.No.88 of 2023 in

LAOP No.2 of 2022, dated 24.03.2023.


2.    Heard Shri D. Prakash Reddy, learned Senior

Counsel appearing for the appellants and the learned

Government Pleader for Arbitration appearing for the 1st

respondent.

3. It has been contended by the appellants/claimant

Nos.1 & 2 that the appellants' land was acquired for 4/6

laning road of National Highway No.202 under the

provisions of National Highways Act, 1956 (for short 'the

N.H. Act') and the Land Acquisition Officer has passed AKS, J & JAK, J ::2:: CMA_182_2023

an award fixing the compensation at Rs.1,500/- per

square yard and a total amount of Rs.93,53,746/- was

awarded. However, as there was some title dispute

between the parties, the case was referred to the I

Additional District Judge, Medchal-Malkjgiri District by

the Land Acquisition Officer under Section 3-H (4) of the

N.H. Act for settling the apportionment of amount

awarded and the same was numbered as LAOP No.2 of

2022.

4. The learned Senior Counsel for the appellants had

contended that the appellants have filed I.A.No.88 of

2023 in LAOP No.2 of 2022 wherein the apportionment

of amount awarded was settled between the appellants

and other claimants by way of a compromise Memo and

requested the Court below to pass appropriate orders in

terms of the compromise Memo filed by the appellants.

The Court below, instead of ordering the I.A.No.88 of

2023 in LAOP No.2 of 2022 in terms of the compromise

Memo, has rejected the said I.A. preferred by the AKS, J & JAK, J ::3:: CMA_182_2023

appellants with an observation that the matter cannot be

compromised as the Court below was asked to decide the

title and adjudicate the apportionment of amount

awarded between the appellants and other claimants.

5. The learned Senior Counsel for the appellants had

further contended that when the matter has been

compromised between the parties, the Court has to only

pass necessary orders in terms of the compromise

entered between the parties. Therefore, appropriate

orders be passed in the Civil Miscellaneous Appeal by

directing the Court below to take into consideration the

compromise Memo filed by the appellants and pass

appropriate orders in accordance with law.

6. The learned Government Pleader for Arbitration

appearing for the 1st respondent had contended that

appropriate orders can be passed in the Civil

Miscellaneous Appeal by directing the Court below to

consider the compromise Memo filed by the appellants

and pass appropriate orders in accordance with law.

                                               AKS, J & JAK, J
                          ::4::               CMA_182_2023

7. This Court, having considered the said submission,

is of the view that when the parties entered into a

compromise and filed a compromise Memo, the Court

below is duly bound to consider the same and pass

appropriate orders. Hence, the Court below was not

justified in rejecting I.A.No.88 of 2023 in LAOP No.2 of

2022, vide orders, dated 24.03.2023. Therefore, the

present Civil Miscellaneous Appeal can be disposed of by

directing the Court below to look into the compromise

Memo filed by the appellants and pass appropriate

orders in accordance with law. It is needless to say that

the orders passed in I.A.No.88 of 2023 in LAOP No.2 of

2022, dated 24.03.2023, are set aside and the matter is

remanded to the Court below to consider the compromise

Memo filed by the appellants and pass appropriate

orders in accordance with law. The Court below shall

dispose of the LAOP No.2 of 2022 in accordance with

law, as expeditiously as possible, by duly taking into

account the compromise Memo filed by the appellants.

                                                   AKS, J & JAK, J
                           ::5::                  CMA_182_2023

8. With these observations, the Civil Miscellaneous

Appeal is disposed of. No order as to costs.

Miscellaneous applications pending, if any, in this

Civil Miscellaneous Appeal, shall stand closed.

________________________________ ABHINAND KUMAR SHAVILI, J

_____________________________ ANIL KUMAR JUKANTI, J Date: 14.11.2023 ISN/KRR