Allowed

V. Yaganti (Died) Rep. by Lrs 2 Others R/O Anantapur v. the Rdo-Cum-Lao, Anantapur Dist

Andhra Pradesh HC10 Nov 2022LAAS/99/2007

Case brief

AI extract

What is this about?

In an appeal filed under Section 54 of the Land Acquisition Act, 1894, the High Court interfered with a District Judge's order closing a reference. The Court modified the compensation by fixing the value at Rs. 15,000 per cent, aligning with a Lok Adalat award for identical plots in the same area, while retaining the original interest calculation.

What did the court decide?

The appeal was allowed; the value of land fixed at Rs. 15,000 per cent including additional market value and solatium, retaining the interest portion as awarded earlier.

V. Yaganti (Died) Rep. by Lrs 2 Others R/O Anantapur… — Land Acquisition | Andhra Pradesh HC (2022)

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THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR AND

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THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI

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LAAS.No.99 of 2007

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JUDGMENT:- (Per Hon’ble Sri Justice C.Praveen Kumar)

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The present appeal came to be filed by the claimants under Section 54 of the Land Acquisition Act, 1894 [for short, ‘the Act’].

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The facts which lead to filing of the present appeal are as under:

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(i) Land in S.No.99/1-A, admeasuring Ac.0.15 cents situated between Bellary-Kalyandurg Raod, near Anantapur town, was acquired by the Government under the Land Acquisition Act. Notification under Section 4(1) of the Act was issued on 15.09.1992. The last date for publication has been reckoned as date of notification itself, i.e., 15.09.1992. Taking into consideration the material available on record and having regard to the facts in issue, the LAO passed an order fixing the value of the subject property at Rs.68,366/- and accordingly passed an Award fixing the rate, at Rs.200/-, per cent, with interest @ 4% per annum from April, 1974 to March, 1982 and @ 9% per annum from April, 1982 to April, 1983 and @ 15% per

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annum from May, 1983 to March, 1994. Dissatisfied with the compensation awarded, the claimant sought for a reference under Section 18 of the Act.

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(ii) The plea of the claimants – appellants appears to be that they are the owners of the said land and it was acquired by the Government for laying National Highway – 7. It is urged that the land acquisition Officer has not taken into account the sale deeds that were relied upon by the claimants and the market value of the land acquired was not fixed as per law. In other words, it is said that the land has great potential as it is situated in between Bellary-Kalyandurg roads and number of residential houses and shopping complexes were constructed on either side.

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(iii) Taking into consideration the evidence adduced, the Principal Senior Civil Judge, Anantapur, by his order dated 15.12.2006, has closed the reference. The operative portion of the said order reads as under:

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“..Further the claimant has not placed any cogent material to show that the value fixed by the Land Acquisition Officer is meager and he has not taken into consideration of the relevant documents. The claimant also did not place any material to establish the interest provided by the Land Acquisition Officer is not in

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accordance with the Act. There is no material to decide whether the interest granted is not in terms of the Act.

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In the result, this reference is closed, however without costs.”

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Against the said order, the present appeal came to be filed.

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The only argument advanced by learned counsel for the appellants is that except the present OP, all other OPs, under the subject acquisition in respect of other plots, with more or less same measurement, and in the same area, were referred to the Lok Adalat and in one such matter, the Lok Adalat vide Award dated 28.10.2000, held that the claimants therein are entitled to receive Rs.75,000/- for Ac.0.05 cents of land, meaning thereby, the rate fixed, was Rs.15,000/-, per cent. He further submits that the order of the permanent Lok Adalat came to be challenged before this Court by way of a Writ Petition, which was dismissed.

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These factual aspects are not disputed by the learned Government Pleader for Appeals.

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As seen from the record, except the present OP all other OPs were referred to the Lok Adalat and in the Lok Adalat, an Award came to be passed in respect of other plots situated in the same area, fixing the market value at Rs.15,000/- per cent.

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Since the case on hand is identical to the one referred to and settled in the Lok Adalat, and as the Award passed by the Lok Adalat has been confirmed by this Court in a Writ Petition filed by Roads & Buildings department, we deem it appropriate to fix the value of the land in dispute at Rs.15,000/- per cent including additional market value, solatium, while retaining the interest portion as awarded by the Land Acquisition Officer.

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With the above modification in the value of the land, the present appeal is disposed of. There shall be no order as to costs.

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Miscellaneous petitions pending, if any, shall stand closed.

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_______________________________ JUSTICE C.PRAVEEN KUMAR

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___________________________________ JUSTICE B.V.L.N CHAKRAVARTHI

10.11.2022 MP

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THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR AND

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THE HONOURABLE SRI JUSTICE B.V.L.N CHAKRAVARTHI

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LAAS.No.99 of 2007

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10.11.2022

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V. Yaganti (Died) Rep. by Lrs 2 Others R/O Anantapur v. the Rdo-Cum-Lao, Anantapur Dist

Case brief

What is this about?

What did the court decide?

V. Yaganti (Died) Rep. by Lrs 2 Others R/O Anantapur v. the Rdo-Cum-Lao, Anantapur Dist

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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