The Land Acquisition Officer appealed against the Senior Civil Judge's enhancement of market value compensation for acquired land. This court dismissed the appeal, confirming the lower court's order.
Appeal dismissed. Judgment and decree of the Senior Civil Judge dated 28.4.2001 in O.P.No.22 of 1997 are confirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE K.S. APPA RAO
A.S. NO. 2659 OF 2001
Between:
The Land Acquisition Officer and Revenue Division Officer, Y.R.P., Peddapuram
………….Appellant
AND
Reddy Ganeswara Rao S/o Durgaiah
………….Respondent
JUDGMENT: (Per Hon'ble Sri Justice Ghulam Mohammed)
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.22 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. 50,000/- per acre for Ac. 4.50 cents and for category II, from Rs. 3,000/- per acre to Rs. 25,000/- per acre for Ac. 0.48 cents.
2. Brief facts of the case are that the
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.22 of 1997. The
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. 50,000/- per acre for Ac. 4.50 cents and from Rs. 3,000/- to Rs. 25,000/- for Ac. 0.48 cents. Aggrieved by the same, the present appeal is filed.
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.
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. 22 of 1997 by the learned Senior Civil Judge,
Peddapuram. There shall be no order as to costs.
________________________ GHULAM MOHAMMED, J
_____________________ K.S. APPA RAO, J DATE: 21.03.2012 KA
... REGISTRAR
// TRUE COPY //
SECTION OFFICER
To
1. 2 CD copies.
2 issues framed by the court
Whether to allow the appeal filed by the Land Acquisition Officer against the enhancement of market value by the reference court.
Whether to confirm the judgment of the Senior Civil Judge enhancing the market value of acquired land.
2 provisions across 1 enactments
The Land Acquisition Officer and Revenue Division Officer, Y.R.P., Peddapuram
Reddy Ganeswara Rao S/o Durgaiah
GHULAM MOHAMMED
K. S. APPA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
