Telangana High Court
The L.A.O. And R D O, Miryalaguda vs Shaik Gousia Bee, Nalgonda Dist And 19 ... on 25 July, 2024
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
LAAS.No.299 of 2015
JUDGMENT:
(per Hon'ble Sri Justice Laxmi Narayana Alishetty)
Heard learned Government Pleader for Appeals appearing
for the appellant and the learned counsel for the
respondents/claimants.
2. This appeal, under Section 54 of the Land Acquisition Act,
1894, (for short 'the Act') is filed by the Land Acquisition Officer,
Miryalaguda, aggrieved by the common order and decree dated
27.04.2015 passed in respect of O.P.No.47 of 2013 on the file of
the Senior Civil Judge, Miryalaguda.
3. The undisputed facts of the case are that the subject lands
situated in Sy.Nos.711, 712, 713, 722, 724, 668 and 687,
admeasuring different extents, both dry and I.D., totalling to
Acs.5.12 guntas situated in the limits of Damaracherla Village and
Mandal, Nalgonda District, belonging to the respondents/ claimants
were acquired for laying Railway line from Vishnupuram to
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Janpahad; that draft Notification under Section 4(1) of the Act was
published in A.P. Gazette on 28.01.2009; that the Land Acquisition
Officer, after conducting award enquiry, passed Award, dated
23.03.2010, granting compensation @ Rs.1,00,000/- per acre for
dry lands and Rs.1,25,000/- per acre for ID lands.
4. Not being satisfied with the said Award, the respondents/
claimants sought reference under Section 18 of the Act and the
same was numbered as O.P.No.47 of 2013 on the file of the Senior
Civil Judge, Miryalaguda.
5. Before the Reference Court, on behalf of the respondents/
claimants, P.Ws-1 to 10 were examined and Exs.A-1 and A-21
were marked. On behalf of the Referring Officer, RW-1 was
examined and Ex.B-1-Award was marked.
6. It is contended by the learned Government Pleader for
Appeals appearing for the appellant that the Reference Court failed
to note that the acquired lands are agricultural lands and as such,
there is no scope for development of the same; that the Reference
Court erred in relying upon the documents pertaining to small
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extents of lands while grating compensation to large extent of land
as in the present case and thereby, erred in drastically enhancing
the compensation awarded by the Land Acquisition Officer and as
such, the impugned order is liable to be set aside.
7. On the other hand, learned counsel appearing for the
respondents/claimants, contended that the Reference Court, taking
into account the oral and documentary evidence adduced before it,
rightly enhanced the compensation for the acquired lands and the
same needs no interference by this Court.
8. Before the Reference Court, to support their claim,
respondent No.18/claimant No.18 got examined himself as P.W-1
and deposed that Damaracherla is a Mandal Head Quarter since
1985 and has civil amenities like Mandal Development Office,
Banks, several educational institutions, Railway Station, etc., and it
is one of the business centres in Nalgonda District; that lands
similar to acquired lands were sold for commercial and non-
commercial purposes and the transactions range between
Rs.1,000/- to Rs.1,500/- per square yard.
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9. P.W-5 deposed that he sold land to an extent of 730 square
yards in Sy.No.712 of Damaracherla Village for a consideration of
Rs.700/- per square yard, vide document No.5360/2008, dated
24.11.2008.
10. P.W-7 deposed that he purchased an extent of 194 square
yards of land in Sy.No.713/A of Damaracherla Village for a
consideration of Rs.490/- per square yard, vide document
No.2207/2006, dated 11.08.2006.
11. R.W-1-Land Acquisition Officer while reiterating the
contents of the Award, admitted that the acquired lands are
adjacent to Damaracherla Village; Damaracherla Village is situated
on both sides of State Highway i.e., from Hyderabad to Guntur
(Narkatpalli to Addanki) and Hyderabad to Narketpalli comes
under National Highway and then Narketpally to Addanki is a State
Highway and further leading to Chennai on National Highway;
and that there are several cement factories viz., India Cement
Industry, Deccan Cement Industry, Penna Cement Industry located
in and around Damaracherla Village within a distance of 10 kms
radius.
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12. From the evidence available on record, it can be gathered
that the acquired lands are situated on either side of State Highway
and also Damaracherla Village is a Mandal Head Quarter with all
civic amenities, Government offices, educational institutions, etc.
Further, the existence of various Cement Industries within a
distance of 10 kms radius from the acquired lands also goes to
show that the acquired lands have high potentiality to be converted
into non-agricultural purposes i.e., for house sites, for establishing
industries, etc.
13. Thus, ample evidence is on record to the effect that the
acquired lands, though agricultural lands, are fit and have high
potentiality to be converted as non-agricultural lands. The evidence
of R.W-1 also fortifies the case of the claimants that the acquired
land are situated on either side of State Highway of Narketpalli to
Addanki road and are adjacent to Damaracherla Village. Therefore,
this Court is of the considered opinion that the Reference Court has
rightly assessed the compensation for the acquired lands on yard
basis.
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14. Further, it is to be noted that though the claimants have got
marked as many as 21 exhibits, the extents of land covered under
majority of the said exhibits are very small and hence, this Court is
of the opinion that the sale consideration reflected in the said
documents cannot be taken as representative sale price for
assessing the market value of the acquired lands.
15. However, it is pertinent to note that Exs.A-1 to A-5 pertain
to sale transactions of the years 2005, 2006, 2007 and 2008 in
respect of land in Sy.Nos.713 and 713/A of Damaracherla Village.
Of all the said transactions, the land sold under Ex.A-2-sale deed is
the highest in extent, being 328 ½ square yards @ Rs.490/- per
square yards. Also, as regards Ex.A-3, P.W-7-vendee of the said
document was examined. He deposed to the effect that he
purchased land admeasuring 194 square yards in Sy.No.173/A of
Damaracherla Village @ Rs.490/- per square yard.
16. In the instant case, the draft notification under Section 4(1)
of the Act was published on 28.01.2009. Exs.A-2 and A-3-sale
transactions pertain to the year 2006 i.e., within three years
preceding the date of draft notification. Therefore, it is fair and just
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to rely upon Exs.A-2 and A-3 for fixing the market value of the
acquired lands and the market value mentioned in the said sale
deeds can be taken as a representative sale. Thus, the Reference
Court had rightly considered Ex.A-3 as an exemplar sale deed and
fixed the market value of the acquired lands @ Rs.490/- per square
yard.
17. However, this Court is of the considered view that the
Reference Court erred in adding escalation @ 12% per annum on
the market value assessed for the acquired lands since Ex.A-3 is
within the period of three years from the date of issuance of 4(1)
notification. The Reference Court also erred in deducting only 1/4th
towards developmental charges and it ought to have deducted 33%
towards developmental charges. By calculating thus, the market
value of the acquired lands works out to Rs.329/- per square yard,
i.e., after deducting 33% of Rs.490/-.
18. In the light of the facts and circumstances of the case and for
the foregoing reasons, this Appeal is allowed in part and the order
and decree dated 27.04.2015 passed in O.P.No.47 of 2013 on the
file of the Senior Civil Judge, Miryalaguda, is modified fixing the
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market value of the acquired lands @ Rs.329/- per square yard. The
remaining portion of the impugned order of the Reference Court
remains unaltered. No order as to costs.
19. As a sequel, Miscellaneous Petitions pending, if any, shall
stand closed.
_______________________________
ABHINAND KUMAR SHAVILI, J
___________________________________
LAXMI NARAYANA ALISHETTY, J
Dated: 25.07.2024
dr
