Telangana High Court
Smt. Laxmi Bai vs The Land Acquisition Officer And ... on 10 January, 2025
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
LAAS.Nos.497 & 499 of 2008
COMMON JUDGMENT:
(per Hon'ble Sri Justice Laxmi Narayana Alishetty)
Since both these Appeals are filed by the claimants
aggrieved by the same judgment passed by the Reference Court,
both are heard together and are being disposed of by this common
judgment.
2. Heard Sri B.H.R.Chowdary, learned counsel for the
appellants/claimants, and learned Government Pleader for Appeals
appearing for respondent No.1-Land Acquisition Officer.
3. Both the Appeals, under Section 54 of the Land Acquisition
Act, 1894, (for short 'the Act'), are filed by the claimants
aggrieved by the order and decree dated 27.09.2007 passed in
O.P.No.786 of 1998 on the file of the I Additional District Judge,
Nizamabad (hereinafter referred to as "the Reference Court').
4. In brief, the facts of the case are that the subject lands, i.e.,
an extent of Acs.8.00 guntas of land in Sy.No.925, Ac.0.17 guntas
2 AKS, J & LNA, J
LAAS.Nos.497 & 499 of 2008
in Sy.No.497, Ac 0.23 ½ guntas in Sy.No.499 of Navipet Village,
Nizamabad District, belonging to the appellants/claimants were
acquired for the purpose of providing house sites to weaker
sections of Navipet Village; that Draft Notification under Section
4(1) of the Act was published in the A.P. Gazette on 10.03.1994;
that possession of the acquired lands was taken on 11.06.1995; that
after following the procedure prescribed under the Act and after
conducting enquiry, the Land Acquisition Officer passed Award
vide proceedings, dated 16.01.1996, fixing market value of the
acquired lands @ Rs.12,000/- per acre for dry lands and
@ Rs.22,000/- per acre for wet lands.
5. Not being satisfied with the compensation granted by the
Land Acquisition Officer, the appellants/claimants sought
reference under Section 18 of the Act and the same was referred to
the competent Civil Court and was numbered as OP.No.786 of
1998 on the file of the Reference Court.
6. Before the Reference Court, on behalf of the appellants/
claimants, P.Ws-1 and 2 were examined and Exs.A-1 to A-8 were
3 AKS, J & LNA, J
LAAS.Nos.497 & 499 of 2008
marked. On behalf of the Referring Officer, RW-1 was examined
and Ex.B-1-Award was marked.
7. The Reference Court, on appreciation of the evidence, both
oral and documentary, available on record, enhanced the
compensation for both wet and dry lands to Rs.56,334/- per acre,
apart from granting all other benefits under the Act to the
appellants/claimants. Not satisfied with the enhancement made by
the Reference Court in the impugned order, the present Appeals are
filed by the claimants.
8. Learned counsel for the appellants/claimants mainly
contended that the Reference Court has fixed the market value of
the acquired lands based on Ex.A-2-judgment of the erstwhile High
Court of Andhra Pradesh in AS.No.2505 of 1988, by giving
escalation @ 10% per annum for a period of 16 years. Learned
counsel further contended that the Reference Court has failed to
take note of the fact that in the judgment under Ex.A-2, the High
Court has fixed the market value of the acquired lands thereunder
after deducting 1/3rd towards developmental charges, and the
Reference Court has erroneously once again deducted 1/3rd of the
4 AKS, J & LNA, J
LAAS.Nos.497 & 499 of 2008
total calculated amount towards developmental charges. Therefore,
learned counsel prayed to set aside the impugned order and
enhance the market value of the acquired lands.
9. On the other hand, learned Government Pleader for Appeals
appearing for the respondent-Land Acquisition Officer contended
that the Reference Court has rightly appreciated the oral and
documentary evidence on record and relying upon various
decisions of the Hon'ble Supreme Court, rightly fixed the market
value of the acquired lands, which needs no interference by his
Court.
10. Apropos the above rival contentions of learned counsel
appearing for both the parties, the only issue that falls for
consideration in this Appeal is whether the Reference Court was
justified in deducting 1/3rd of the amount towards developmental
charges while fixing the market value of the subject acquired lands
based on Ex.A-2.
11. This Court has thoroughly examined the entire evidence
available on record. On a bare reading of Ex.A-2-judgment in
A.S.No.2505 of 1988, it is evident that in the said case, the High
5 AKS, J & LNA, J
LAAS.Nos.497 & 499 of 2008
Court, based on the evidence available on record, has fixed the
market value of the acquired lands therein @ Rs.32,500- per square
yard, after deducting 1/3rd towards developmental charges. The
subject acquired lands and the acquired lands covered under
Ex.A-2 are similar in nature. Therefore, the Reference Court has
rightly taken into consideration the market value fixed under
Ex.A-2 and further, having regard to the fact that the draft
notification in the present case was issued in the year 1994 i.e.,
after a period of 16 years from the date of issuance of notification
i.e., in the year 1978 in respect of the lands covered under Ex.A-2,
granted escalation for 16 years @ 10% per annum and calculated
the market value of the acquired land as Rs.84,500/- per acre.
However, the Reference Court has erred in once again deducting
1/3rd of Rs.84,500/- towards developmental charges and thereby,
fixing the market value of the subject acquired lands @ Rs.56,334/-
per acre.
12. When the Reference Court has relied upon Ex.A-2 and
fixed the market value of the subject acquired lands based on
Ex.A-2, it has totally misdirected itself in once again deducting
6 AKS, J & LNA, J
LAAS.Nos.497 & 499 of 2008
1/3rd of the amount calculated towards developmental charges and
thereby, fixing the market value of the subject acquired lands
@ Rs.56,334/- per acre instead of Rs.84,500/- per acre.
13. In view of the above, this Court holds that the impugned
order of the Reference Court is unsustainable and invalid and as
such, the same is liable to be set aside.
14. Accordingly, these Appeals are allowed, setting aside the
impugned order of the Reference Court and enhancing the market
value of the subject acquired lands from Rs.56,334/- per acre to
Rs.84,500/- per acre. It is needless to say that the
appellants/claimants are entitled to all the statutory benefits like
solatium, additional market value, etc., under the Land Acquisition
Act, 1894, on the enhanced market value.
15. As a sequel, Miscellaneous Petitions pending, if any, shall
stand closed. No costs.
_______________________________
ABHINAND KUMAR SHAVILI, J
___________________________________
LAXMI NARAYANA ALISHETTY, J
Dated:10.01.2025
dr
