Partly allowed

B. Narasamma(died) per Lr A-4 v. The Special Deputy Collector (L.a.)

Telangana HC20 Nov 2014AS/529/2002

Case brief

AI extract

What is this about?

Appeal against enhanced land compensation awarded by the Reference Court. Court followed its own earlier judgment in a connected matter, allowing the appeal in part and enhancing compensation to Rs. 21,000 per acre.

What did the court decide?

Appeal allowed in part; compensation enhanced from Rs. 16,000 to Rs. 21,000 per acre; statutory benefits including interest on solatium granted; no order as to costs.

B. Narasamma(died) per Lr A-4 Vs The Special Deputy… — 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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A.S.No.529 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 by the claimants against the order and decree, dated 27.06.2001, in O.P.No.173 of 1991 passed by the learned Additional District Judge, Medak at Sanga Reddy.

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The land admeasuring Ac.21.26 gts situated at Mallikarjunapally Village, Munipally Mandal, Medak District, belonging to the claimants, was acquired under the provisions of the Land Acquisition Act, 1894 (for short ‘the Act’), as the same was coming under the submergence of Singoor Project. Notification under Section 4 (1) of the Act was published on 09.02.1981, but the same was lapsed, as the estimates were not received. Subsequently, fresh notification was issued on 28.05.1987. The Land Acquisition Officer, after conducting necessary enquiry, has passed award fixing the compensation at Rs.12,500/- per acre. Not satisfied with the same, the claimants sought reference under Section 18 of the Act and their claim was tried in O.P.No.173 of

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1991 by the learned Additional District Judge, Medak at Sanga Reddy. By order, dated 27.06.2001, the Reference Court disposed of the said O.P, enhancing the compensation from Rs.12,500/- to Rs.16,000/- per acre. Aggrieved thereby, the claimants preferred this appeal.

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The aforesaid O.P. was disposed of along with batch of cases in O.P.No.174 of 1991 & batch, by common order, dated 27.06.2001, whereby the reference Court answered the references, fixing the market value of the acquired lands at Rs.16,000/- per acre.

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Today when the matter is taken up for hearing, it is submitted that when the claimants in connected O.P.No.174 of 1991 preferred an appeal in A.S.No.783 of 2002, this Court, by judgment dated 21.08.2014, has allowed the appeal in part, enhancing the compensation from Rs.16,000/- to Rs.21,000/- per acre. A copy of the said judgment is placed on record.

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From a perusal of the earlier judgment, dated 21.08.2014, passed in A.S.No.783 of 2002, it is clear that the present O.P. and O.P.No.174 of 1991, against which A.S.No.783 of 2002 was filed, arose out of same notification, as such, the subject matter of the present appeal is squarely covered by the said judgment.

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In view of the above, following the earlier judgment dated 21.08.2014 rendered by this Court in A.S.No.783 of 2002 and for the reasons recorded therein, this appeal is also allowed in part, enhancing the compensation from Rs.16,000/- per acre to Rs.21,000/- per acre. It is needless to observe that the appellants – claimants are entitled to all statutory benefits including interest on solatium. There shall be no order as to costs.

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The miscellaneous petitions, if any, pending in this appeal shall stand closed.

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____________________________ JUSTICE R.SUBHASH REDDY

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_________________________________ JUSTICE A.SHANKAR NARAYANA

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20-11-2014 v v

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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.529 of 2002