Dismissed

M.R.O. and L.A.O. Gadwal v. Smt. Veeramma and 9 Ors.

Telangana HC4 Feb 2014AS/2091/2002

Case brief

AI extract

What is this about?

In an appeal under Section 54, this court upheld the reference court's enhanced land compensation award of Rs.20 per square yard. The court found the compensation just and reasonable, citing comparable awards for similar land notified nearby, and dismissed the appeal filed by the Land Acquisition Officer.

What did the court decide?

The Appeal Suit was dismissed and the impugned order enhancing compensation to Rs.20 per Square Yard was upheld.

M.R.O. and L.A.O. Gadwal Vs Smt. Veeramma and 9 Ors. — 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.2091 OF 2002

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JUDGMENT: (Per Hon'ble Sri Justice R. Subhash Reddy)

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This appeal, under Section 54 of the Land Acquisition Act, 1894, is filed aggrieved by the order, dated 28.02.2002, passed in O.P.No.332 of 1986 by the learned Senior Civil Judge, Gadwal.

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The land of the respondents – claimants admeasuring

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Acs.3-70 cents covered by Survey No.936/A situated at Gadwal Village and Town of Mahaboobnagar District was notified under the provisions of the Land Acquisition Act for the purpose of providing house sites to backward classes and economically backward people. Notification under Section 4 (1) was published on 01.03.1985 and declaration under Section 6 of the Land Acquisition Act was published on 17.04.1985. The Land Acquisition Officer, after conducting enquiry, has passed an award fixing the compensation at Rs.5,000/- per acre. Not satisfied with the same, respondents – claimants sought reference under Section 18 of the Land Acquisition Act, which was tried in O.P.No.332 of 1986 by the learned

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Senior Civil Judge, Gadwal.

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Before the reference Court, on behalf of the respondents – claimants, PWs.1 to 5 were examined and Exs.A1 to A8 were marked. On behalf of the Referring Officer, RWs.1 and 2 were examined and Exs.B1 to B11 were marked.

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The reference Court, after considering the oral and documentary evidence on record, by the impugned order, dated 28.02.2002, has enhanced the compensation to Rs.20/- per Square Yard in addition to statutory benefits, which comes to Rs.96,800/- per acre. Questioning the same, this appeal is filed by the Land Acquisition Officer.

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It is submitted by the learned Government Pleader for Appeals that the reference Court, without recording valid reasons and without any evidence on record in respect of the claim of the respondents, has enhanced the compensation to Rs.20/- per Square Yard.

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On the other hand, it is submitted by the learned counsel for respondents – claimants that the land notified is within the municipal limits of Gadwal Town and that for the lands covered under Ex.A5 situated in the municipal limits of Gadwal Town, for which 4 (1) notification was issued on 02.07.1982, this Court has fixed the

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compensation at Rs.22.35 ps. per Square Yard. It is also submitted that for the lands covered under Ex.A6, for which 4(1) notification was issued on 23.09.1985, this Court has fixed the compensation at Rs.31/- per Square Yard.

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In this case, it is not in dispute that the lands notified are to be used for the purpose of providing house sites to backward classes and economically backward people and they are situated in the municipal limits of Gadwal Town. It is to be noticed that for the lands covered under Ex.A5, 4 (1) notification was issued on 02.07.1982, which is about three years earlier to the present notification and this Court has fixed the compensation at Rs.22.35 ps. per Square Yard. Similarly, for the lands covered under Ex.A6, 4 (1) notification was issued on 23.09.1985, which is nearly six months later to the present notification and this Court has fixed the compensation at Rs.31/- per Square Yard. If Exs.A5 and A6 are taken into consideration, it is clear that there is increasing trend in prices for the lands in Gadwal Town.

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As the notification for the lands in question was issued on 01.03.1985 and the reference Court has fixed the compensation at Rs.20/- per Square Yard, in view of Ex.A5, for which the notification was issued on

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02.07.1982 and this Court has fixed the compensation at Rs.22.30 ps. per Square Yard, we are of the view that the compensation fixed by the reference Court is just and reasonable and is in accordance with the evidence on record. For the aforesaid reasons, we do not find any ground in this appeal, so as to interfere with the impugned order passed by the reference Court.

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Accordingly, the Appeal Suit is dismissed. Miscellaneous Petitions, if any, pending shall stand closed. No costs.

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JUSTICE R.SUBHASH

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REDDY

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JUSTICE A. SHANKAR

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NARAYANA

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4^th February, 2014 MD

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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.2091 OF 2002 (Per Hon'ble Sri Justice R.Subhash Reddy)

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4^th February, 2014

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M.R.O. and L.A.O. Gadwal v. Smt. Veeramma and 9 Ors.

Case brief

What is this about?

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M.R.O. and L.A.O. Gadwal v. Smt. Veeramma and 9 Ors.

Case brief

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What did the court decide?

What the court decided

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Statutes considered

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