Partly allowed

Yellala Ram Reddy v. The Land Acquisition Officer

Telangana HC10 Feb 2014AS/1241/2002

Case brief

AI extract

What is this about?

In an appeal under the Land Acquisition Act challenging a Partial Award enhancing land value to Rs.15,000 per acre, the High Court, relying on a registered sale deed at Rs.20,000 per acre between a cooperative society and a claimant, enhanced the market value to Rs.20,000 per acre.

What did the court decide?

The appeal was allowed in part; market value fixed at Rs.20,000 per acre with all statutory benefits; no order as to costs.

Yellala Ram Reddy Vs The Land Acquisition Officer — Land Acquisition | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE R.SUBHASH REDDY and THE HON’BLE SRI JUSTICE A.SHANKAR NARAYANA

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APPEAL SUIT No.1241 of 2002

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JUDGMENT: (per RSR, J)

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This appeal is filed under Section 54 of the Land Acquisition Act, 1894 against order, dated 13.03.2002, passed by the learned Senior Civil Judge, Karimnagar, in O.P.No.107 of 1997.

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Land admeasuring Acs.6.28 guntas covered by Survey Nos.273, 274 and 382 of Porandla Village, Thimmapur Mandal, Karimnagar District, was acquired for the purpose of construction of houses to the weaker sections, vide notification, dated 21.09.1990, issued under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer after conducting necessary enquiry, passed award on 27.05.1992 fixing the market value of the acquired land at Rs.10,000/- per acre. Dissatisfied with the same, the appellants sought reference of the matter to the civil Court under Section 18 of the Land Acquisition Act, 1894 and thereby, it was referred to the learned Senior Civil Judge, Karimnagar and tried as O.P.No.107 of

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1997. The Reference Court through impugned order, allowed the said O.P. in part by enhancing the market value of the acquired land to Rs.15,000/- per acre as against the claim of Rs.30,000/-. Seeking further enhancement of market value of the acquired land, the claimants have preferred this appeal.

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Before the Reference Court, on behalf of the claimants, one of them was examined as P.W.1 and Secretary of Porandla Cooperative Credit Society was examined as P.W.2 apart from marking Exs.A.1 to A.3. On behalf of the Referring Officer, R.W.1 was examined and Exs.B.1 to B.3 were marked.

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In his evidence, P.W.1, who is claimant No.4 in O.P., has stated that in 1990, his land and the lands of other claimants were acquired by the Government for the purpose of construction of quarters for Scheduled Caste people and that his land is situated towards Mannempalli Village and the lands of other claimants are situated towards Chenjerla Village and both the lands are at a distance of half furlong from the village and that there is a cooperative society constituted for the welfare of villages, namely, Alugunoor, Thimmapur, Porandla and Mannempalli, and the said society though entered into an

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agreement with him for purchase of three acres of land for the purpose of construction of houses, ultimately, after obtaining permission from the Registrar of Cooperative Societies, purchased one acre of land @ Rs.20,000/- per acre, by a registered sale deed, dated 22.01.1986, certified copy of which was marked as Ex.A.2. Ex.A.3 is the tonch plan showing his acquired land and other lands and connectivity to roads. He also stated that before acquisition, he used to cultivate the said land and was getting Rs.10,000/- per annum, and he requested to enhance the market value of the acquired land to Rs.30,000/- per acre.

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P.W.2 is the Secretary of Porandla Cooperative Credit Society. In his evidence, he stated that previously, the society entered into the purchase agreement with P.W.1 with regard to two acres of land @ Rs.20,000/- per acre in 1985 for the purpose of society godowns, but, later, the society purchased one acre of land for housing purpose of B.C. community beneficiaries. He has specifically stated that the land covered by Ex.A.2 and the acquired land are similar in fertility and are situated adjoining the Village.

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The Mandal Revenue Officer, Thimmapur, was

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examined as R.W.1 and in his deposition, he has stated that the Land Acquisition Officer after considering the sale particulars in the area prior to the acquisition of the land in question, by relying on Ex.B.1, fixed the market value of the acquired land @ Rs.10,000/- per acre.

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In this appeal, it is contended by the learned counsel appearing for the appellants that merely because the brother of one of the claimants happened to be the Director of the Society the same is not a ground to ignore Ex.A.2 for the purpose of determining the market value of the acquired land. It is submitted that though the agreement was entered by the society with P.W.1 in 1985 for the purpose of purchase of two acres of land, ultimately, in 1986, one acre of land was purchased by the society @ Rs.20,000/- per acre for the purpose of construction of houses, by registered sale deed, dated 22.01.1986, a copy of which was marked as Ex.A.2, and the same was also proved through P.W.2, as such, there is no reason for not taking the said document into consideration for the purpose of determining the market value of the acquired land.

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On the other hand, it is submitted by the learned Government Pleader appearing for the respondents that

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as much as Ex.A.2 is a copy of registered sale deed, dated 22.01.1986, by which, one acre of land was purchased by the society for the purpose of construction of houses and as one of the Directors of the society is related to one of the claimants, the Reference Court has rightly not relied on Ex.A.2 for the purpose of fixing the market value of the acquired land. It is also submitted that market value of the acquired land enhanced to Rs.15,000/- by the Reference Court is just and reasonable and there are no grounds to further enhance the same.

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It is to be noticed that initially, in 1985, the society entered into agreement with P.W.1 for purchase of two acres of land, but, later, it passed resolution, dated 11.01.1986, to purchase the land, after obtaining permission from the Registrar of Cooperative Societies, Hyderabad. Subsequently, the society purchased one acre of land from P.W.1 @ Rs.20,000/- per acre by registered sale deed, dated 22.01.1986, a copy of which was marked as Ex.A.2. It is also to be noticed that the land acquired is nearer to the land covered by Ex.A.2. When the land was purchased by the society itself @ Rs.20,000/- per acre as early as in 1986 and further, the land in question was acquired by notification, dated 21.09.1990, we are of the view that for the lands acquired,

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market value can be fixed at Rs.20,000/- per acre.

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In that view of the matter, the Appeal Suit is allowed in part and the appellants are entitled to the market value of the acquired land @ Rs.20,000/- per acre with all statutory benefits. No order as to costs.

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Miscellaneous Petitions, if any pending in this Appeal Suit stand closed.

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______________________ R.SUBHASH REDDY, J

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10^th FEBRUARY, 2014.

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________________________ A.SHANKAR NARAYANA, J kvni

Yellala Ram Reddy v. The Land Acquisition Officer

Case brief

What is this about?

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Yellala Ram Reddy v. The Land Acquisition Officer

Case brief

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