Partly allowed

L.a.Oandspl.Dy.Col Yrp Kpeddapuram v. v.Narayana Murthy

Telangana HC30 Dec 2010AS/2079/2001

Case brief

AI extract

What is this about?

This appeal challenged the reference court's determination of land market value. The High Court upheld the valuation but modified the award to include interest on additional market value and solatium as per Supreme Court principles.

What did the court decide?

The appeal dismissed, with modification to grant interest at 9% p.a. on additional market value and solatium from the date of Section 4(1) notification.

L.a.Oandspl.Dy.Col Yrp Kpeddapuram Vs v.Narayana Murthy — Land Acquisition | Telangana HC (2010)

¶1

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

¶2

THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TEN

¶3

HON’BLE SRI JUSTICE G. BHAVANI PRASAD AND

¶4

HON’BLE SRI JUSTICE K. G. SHANKAR

¶5

A.S.No.2079 of 2001

¶6

Between:

¶7

The Land Acquisition Officer-cum-Special Deputy Collector, Y.R.P. Unit-III, Peddapuram.

¶8

.. Appellant

¶9

AND

¶10

Ventrapragada Narayana Murthy

¶11

.. Respondent

¶12

JUDGMENT: (Per. K.G. Shankar, J)

¶13

The Senior Civil Judge, Peddapuram passed orders on 30-12-2000 in O.P.No.56 of 1993 in respect of the reference under Section 18 of the Land Acquisition Act, 1894 in the claim by the claimant.

¶14

The Government acquired vast lands in East Godavari District for laying Yeleru Reservoir Channel, Krishnavaram is one such village wherefrom lands were acquired by the Government. The land of the respondent-claimant is part of the lands acquired under Award No.3/1992, dated 12-3-1992. The Land Acquisition Officer awarded compensation at Rs.28,500/- per acre for wet land. He awarded compensation of Rs.17,000/- per acre for dry land with wet crops and of Rs.10,000/- per acre for dry land. Not satisfied with the amount of compensation awarded by the Land Acquisition Officer, the respondent and other claimants raised the

¶15

dispute which culminated as a reference under Section-18 of the Land Acquisition Act. The reference was made under Section 18 of the Land Acquisition Act to the Senior Civil Judge, Peddapuram. The learned Senior Civil Judge, Peddapuram, disposed of batch of L.A.O.Ps through a common order dated 3012-2000. The appeal arises from the order in O.P.No.56 of 1993 forming part of batch of O.Ps in respect of which a common order was passed by the learned Senior Civil Judge, Peddapuram.

¶16

The reference Court determined the market value of the properties at Rs.50,000/- per acre for wet land and Rs.40,000/- per acre for dry land. The Government, which is not agreeable for the enhancement determined by the reference Court, filed the present appeal.

¶17

Sri S.M.D. Haneef, learned Assistant Government Pleader for Appeals and Sri P. Girish Kumar, learned counsel for the respondent advanced their respective submissions.

¶18

The learned Senior Civil Judge, Peddapuram, determined the market value of the wet land at Rs.50,000/- per acre and dry land at Rs.40,000/- per acre on the strength of the decision in A.S.No.2913 of 1996 and also on the basis of the decision in A.S.No.2052 of 1998, which are the judgments from the different Division Benches of this Court in respect of acquisition of properties at J. Annavaram, Ramayyapeta, Lakavaram and Marriveedu villages. The lands in the present case are situate in Krishnavaram village which is said to be one of neighbouring villages of J. Annavaram, Ramanayyapeta, Lakavaram and Marriveedu. The lands in the present case were also acquired for the same purpose for which the lands in A.S.Nos.2913 of 1996 and 2052 of 1998 were acquired. The learned Senior Civil Judge, Peddapuram, therefore, was perfectly justified in determining the

¶19

market value of the acquired properties adopting the values as determined by the Division Benches of this Court in two cases in respect of acquisitions for the same purpose and also relating to neighbouring villages.

¶20

The value as adopted by the reference Court at Rs.40,000/per acre for dry land and Rs.50,000/- per acre for wet land, therefore, deserves to be confirmed.

¶21

However, while granting the market value, additional market value and solatium, in accordance with the then prevailing view of the Supreme Court, the learned Senior Civil Judge, Peddapuram, did not grant interest on the additional market value and solatium. In view of the subsequent Judgment of the Supreme Court in Sundar v. Union of Indi a^[1] , where the Supreme Court held that the claimant under the Land Acquisition Act would be entitled to interest not only on the market value but also on the additional market value and solatium as well, the claimant herein also would be entitled to interest on the additional market value and solatium as those are statutory benefits. To the extent that the market value of the acquired property is determined at Rs.50,000/- per acre for wet land and Rs.40,000/- per acre for dry land by the learned Senior Civil Judge, Peddapuram, for the reasons set out, the same is liable to be confirmed.

¶22

Consequently, the appeal is dismissed except for the modification that the claimant shall be entitled to interest over additional market value and solatium also as much as interest over the market value at 9% p.a. from the date of Section 4(1) notification for one year and 15% thereafter till the date of payment. No costs.

¶23

_____________________ G. BHAVANI PRASAD, J

¶24

________________ K. G. SHANKAR, J

¶25

Date: 30-12-2010 Ksn

¶26

[1] 2001 (5) ALD 136

L.a.Oandspl.Dy.Col Yrp Kpeddapuram v. v.Narayana Murthy

Case brief

What is this about?

What did the court decide?

L.a.Oandspl.Dy.Col Yrp Kpeddapuram v. v.Narayana Murthy

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

S.D.C and Lao Peddapuram Vs a.Nukayya and Others

Saladi Venkataramana Vs The Land Acquisition Officer-cum-

Manemma House Hold Duties Medak. Vs Vithal Reddy. Hindui Medak DISTAND18 Ors.

The La Officer and Spl. Dy. Collector, Vs K. Ram Reddy

Lao and Spl Dy Collector Yrp Peddapuram Vs K.Narayana Murthy

K.Basavapurnamma Vs Spl.Dy.Collector Lao Tenali