Appeal filed by the Land Acquisition Officer against an order confirming the reference court's award that enhanced the market value of land acquired for submergence under the Priyadarshini Jurala Project.
Appeal dismissed confirming the reference court's award; no order as to costs.
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HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE B.CHANDRA KUMAR
A.S. No.512 OF 2003
DATED:15-10-2009
BETWEEN:
The Land Acquisition Officer & Special Deputy Collector, L.A. Unit, P.J.P., Gadwal.
…Appellant
AND
Telugu Savaranna
…Respondent
THIS COURT MADE THE FOLLOWING:
HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE B.CHANDRA KUMAR
A.S. No.512 OF 2003
JUDGMENT: (Per Hon’ble Sri Justice A. Gopal Reddy)
This appeal under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) is preferred by the Land Acquisition Officer against the order of the Senior Civil Judge, Wanaparthy in O.P.No.70 of 1995, dated 26.07.2002 whereby the reference made under Section 18 of the Act was answered in favour of the respondents-claimants enhancing the market value of the acquired land from Rs.12,000/- to Rs.27,300/- per acre.
Vast extent of land measuring Ac.84.10 gts. situated in Ajjakole Village of Kothakota Mandal of Mahaboobnagar including Ac.2.25 gts. of land belonging to the respondent-claimant was acquired for submergence of Ookasety Vagu Project i.e. balancing Reservoir under Priyadarshini Jurala Project by issuing draft notification under Section 4(1) of the Act on 17.8.1990. The Land Acquisition Officer after conducting award enquiry, by his award No.9 of 1992, dated 28.3.1992 classified the acquired land into four categories, namely, (1) Dry lands localized as wet under Saralasagar project and being irrigated as wet; (2) Wet lands as per settlement records and localized dry converted into wet and cultivated as wet in the past and left fallow since 10 years; (3) Dry lands though localized as wet under Saralasagar are being cultivated with dry crops; and (4) Lands unfit for cultivation covering boulders etc., and awarded compensation at Rs.12,000/per acre for category-I; Rs.8,000/- per acre for categories II & III; and Rs.2,000/- per acre for category-IV. The land covered by the present O.P. was classified as Category-I and the market value was fixed at Rs.12,000/- per acre. Dissatisfied with the fixation of the market value, the claimant sought for reference to civil Court under Section 18 of the Act for due determination of market value. On reference being made, the claimant appeared before the reference Court and filed a claim statement claiming the market value of the acquired land at Rs.1,00,000/- per acre. The reference Court by the impugned award fixed the market value of the acquired land at Rs.27,300/- per acre following the common order passed in O.P.No.67 of 1995 and batch, dated 20.1.2000 wherein the market value was fixed at Rs.27,300/- per acre in respect of category-I land.
Now, it is brought to our notice that as against the common order passed in O.P.No.67 of 1995 and batch, which arose out of the very same award No.9 of 1992, dated 28.3.1992, the Land Acquisition Officer preferred appeals in A.S.No.1314 to 1327 and
1329 to 1332 of 2000 and this Court by judgment, dated 7.3.2003 dismissed all the appeals confirming the fixation of the market value by the reference Court. In view of the same, this appeal is also liable to be dismissed.
Therefore, following the common judgment of this Court, dated 07.03.2003 in A.S.Nos.1314 of 2000 and batch and in terms thereof, this appeal is dismissed. There shall be no order as to costs.
_______________ A. GOPAL REDDY, J. __________________ B.CHANDRA KUMAR, J. OCTOBER 15, 2009 Tsr.
1 issue framed by the court
Whether the reference court's award fixing market value of acquired land for submergence is liable to be set aside upon appeal filed by the Land Acquisition Officer.
3 provisions across 1 enactments
The Land Acquisition Officer & Special Deputy Collector, L.A. Unit, P.J.P., Gadwal
Telugu Savaranna
A. GOPAL REDDY
B.CHANDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
