V. Narsi Reddy v. Spl. Tahsildar (La) Railways
Case brief
What is this about?
The Court disposed of appeals challenging the marketValue of acquired land fixed at Rs.70,000 per acre by the Civil Court. Adopting a sale deed under Ex.A-4 dated 07-05-1982 as the best evidence of market value, the Court enhanced the rate to Rs.94,000 per acre for all statutory benefits.
What did the court decide?
Market value of the acquired land fixed at Rs.94,000 per acre instead of Rs.70,000 per acre with all statutory benefits.
What the court decided
HON’BLE SRI JUSTICE R. SUBHASH REDDY AND
HON’BLE SRI JUSTICE A. SHANKAR NARAYANA
A.S. Nos.1163, 1164, 1165, 1227, 1266 AND 1267 OF 2002
COMMON JUDGMENT: (Per Hon’ble Sri Justice A. Shankar Narayana)
Dissatisfied with the compensation awarded by the learned Additional Senior Civil Judge, Guntur, in L.A.O.P. Nos.404, 400, 402, 399, 401 and 403 of 1987, respectively, by the common order, dated 07-03-2002; the respective claimants preferred the instant appeals.
2. The factual background of the appeals in nutshell is as under:
The Special Tahsildar (Land Acquisition), Railways, acquired an extent of Acs.27-02 cents comprised of Survey Nos.351, 352, 354, 356, 357 and 359, located in Nallapadu Village, Guntur District, for the purpose of conversion of Meter Gauge line into Broad Gauge line. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short “the Act”), was issued on 16-01-1985 invoking the provisions of Section 17(4) of the Act. In view of the urgency, the enquiry under Section 5-A of the Act
was dispensed with. Draft notification under Section 6 of the Act was published on 27-03-1986 and thereafter, publication was taken out in newspapers. However, it is clear from the contents of Ex.B-1, that no advance possession was taken.
Issues for consideration
2 issues framed by the court
Whether the claimants are entitled to an enhancement of compensation beyond the market value fixed by the Reference Court?
Whether the sale transactions under Exs.A-2 to A-4 are admissible evidence for fixing market value despite the land owners not being examined?
Parties & counsel
- appellant
The Claimants (Appellants)
- respondent
The State
Coram
R. SUBHASH REDDY
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · June
- Registered
- Case no.
- AS/1227/2002
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