Dismissed

The La Officer and R.D.O, v. S. venkata Rao

Telangana HC21 Mar 2012AS/109/2002

Case brief

AI extract

What is this about?

An appeal filed by the Land Acquisition Officer challenging an order enhancing the market value of acquired land. The appellant relied on a common judgment of this Court in a similar batch of cases dismissing such appeals. The court dismissed the appeal confirming the lower court's judgment.

What did the court decide?

Appeal dismissed; confirmation of judgment and decree dated 28.4.2001; no order as to costs.

The La Officer and R.D.O, Vs S. venkata Rao — Land Acquisition | Telangana HC (2012)

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HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE K.S. APPA RAO

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A.S. NO. 109 OF 2002

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Between:

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The Land Acquisition Officer and Revenue Division Officer, Y.R.P., Peddapuram

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………….Appellant

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AND

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Sankabathula Venkata Rao S/o Satheyya

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………….Respondent

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JUDGMENT: (Per Hon'ble Sri Justice Ghulam Mohammed)

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The Land Acquisition Officer is the appellant, who has filed this appeal under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) aggrieved by the judgment and decree dated 28.4.2001 passed in O.P.No.34 of 1997 on the file of Senior Civil Judge, Peddapuram, whereby the Court below allowed the OP enhancing the market value of the acquired land for category I, from Rs. 12,000/- per acre to Rs. 40,000/- per acre for Ac. 0.57 cents and for category II, from Rs. 3,000/- per acre to Rs. 25,000/- per acre for Ac. 0.13 cents.

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2. Brief facts of the case are that the

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Government acquired land of the claimant in O.P.No. 22 of 1997 to an extent of Ac. 4.98 cents in S.No. 491/1, an extent of Ac. 1.42 cents in S.No. 451/1 in O.P.No. 33/97 and an extent of Ac. 0.70 cents in S.No. 451/1 in O.P.No. 34/97 situated in J. Annavaram Village for the purpose of Yeleru Reservoir Project under Award No. 6 of 1989 dated 28.2.1989. Notification under Section 4(1) of the Act was issued on 3.9.1987 and possession was taken on 28.2.1989. The Land Acquisition Officer fixed the market value for the acquired land at the rate of Rs. 12,000/- per acre for some portion of land and at the rate of Rs. 3,000/- per acre for remaining potion of the land. Being dissatisfied with the Award, the claimant sought for a reference under Section 18 of the Act and the Award has been accordingly referred to and taken on file by the learned Senior Civil Judge, Peddapuram in O.P.No.34 of 1997. The

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learned Judge upon appreciation of both oral and documentary evidence available on record enhanced the market value of the land from Rs. 12,000/- to Rs. 40,000/- per acre for Ac. 0.57 cents and from Rs. 3,000/- to Rs. 25,000/- for Ac. 0.13 cents. Aggrieved by the same, the present appeal is filed.

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3. During the course of arguments the learned Government Pleader for appeals submits that in similar set of facts and circumstances of the case, this Court by a common judgment passed in A.S.Nos. 2874, 2875 of 2001 and batch, dismissed the batch of appeals confirming the order passed by the reference Court.

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4. In view of the above, without going into the merits or otherwise of the matter, this Appeal is also dismissed confirming the judgment and decree dated 28.4.2001 passed in O.P.No. 34 of 1997 by the learned Senior Civil Judge,

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Peddapuram. There shall be no order as to costs.

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________________________ GHULAM MOHAMMED, J

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_____________________ K.S. APPA RAO, J DATE: 21.03.2012 KA

... REGISTRAR

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The La Officer and R.D.O, v. S. venkata Rao

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The La Officer and R.D.O, v. S. venkata Rao

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