R.Do.-L.a.O. Kurnool v. E.Lakshmaiah
Case brief
What is this about?
This review petition sought modification of a judgment disposing of appeals on land acquisition compensation while the sole party was deceased. The court enhanced compensation to Rs. 65,000 per acre based on the highest relevant sale price and adjusted statutory interest rates.
What did the court decide?
Compensation enhanced to Rs. 65,000 per acre with statutory benefits; judgment dated 03.01.2007 modified.
What the court decided
THE HON’BLE SRI JUSTICE R. SUBHASH REDDY AND THE HON’BLE SRI JUSTICE A. SHANKAR NARAYANA
REVIEW A.S.MP.No.947 of 2014 IN A.S.No.1890 of 2001
AND
A.S.MP.No.1036 of 2014 IN A.S.No.2236 of 2001
COMMON ORDER: (Per Hon'ble Sri Justice R. Subhash Reddy)
Review A.S.MP.No.947 of 2014 is filed to review the judgment and decree, dated 03.01.2007, rendered in A.S.No.1890 of 2001, and A.S.MP.No.1036 of 2014 is filed to reopen A.S.No.2236 of 2001 for adding legal representatives of the deceased sole respondent in the appeal.
One E. Lakshmaiah is the sole appellant in A.S.No.1890 of 2001 and sole respondent in A.S.No.2236 of 2001. Though he died even before the disposal of appeals on 03.01.2007, as the said fact was not brought to the notice of this Court, the appeals were disposed of on 03.01.2007. Today, the matters are taken up for hearing, on the petitions filed by the legal heirs of E. Lakshmaiah, seeking to permit them to come on record and also to review the judgment, dated 03.01.2007.
The appeals under Section 54 of the Land
Acquisition Act, 1894, are preferred aggrieved by order, dated 09.04.2001, passed in O.P.No.111 of 1998 by the learned Additional Senior Civil Judge, Kurnool.
Issues for consideration
2 issues framed by the court
Whether the legal heirs of the deceased sole appellant/respondent are entitled to seek modification of the impugned judgment in a review petition.
Whether the compensation quantum for acquired land is enhanced based on the highest market value evident from contemporaneous sale deeds.
Parties & counsel
- petitioner
Legal heirs of E. Lakshmaiah
- respondent
Revenue Divisional Officer –cum– Land Acquisition Officer, Kurnool
Coram
R. SUBHASH REDDY
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · June
- Registered
- Case no.
- AS/2236/2001
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