Allowed

G. Upender Reddy v. The Land Acquisition Officer and

Telangana HC4 Feb 2014AS/826/2002

Case brief

AI extract

What is this about?

The court allowed an appeal under Section 54 of the Land Acquisition Act, 1894. It held that since the reference court enhanced compensation for other claimants under the same notification and that order became final, the appellant was also entitled to the enhanced rates of Rs.24,000 for dry land and Rs.30,000 for wet land.

What did the court decide?

Compensation fixed by Land Acquisition Officer enhanced to Rs.24,000/- per acre for dry land and Rs.30,000/- per acre for wet land; appellant entitled to statutory benefits.

G. Upender Reddy Vs The Land Acquisition Officer and — 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.826 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 16.09.1994, passed in O.P.No.308 of 1987 by the learned Subordinate Judge, Khammam.

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Ac.1-19 ½ guntas of wet land and Ac.0-02 guntas of dry land belonging to the appellant - claimant was acquired under the provisions of the Land Acquisition Act for the purpose of improving Khammam – Bonakal road. Notification under Section 4 (1) of the Land Acquisition Act was published on 29.12.1983. The Land Acquisition Officer, after conducting enquiry, passed award, dated 16.05.1985, fixing the compensation for dry land at Rs.3,000/- per acre and for wet land at Rs.5,100/- per acre. Not satisfied with the same, the appellant - claimant sought reference under Section 18 of the Land Acquisition Act, which was tried in O.P.No.308 of 1987 by the Subordinate Judge, Khammam. By impugned order, dated 16.09.1994, the reference Court has rejected the reference and confirmed the compensation fixed by the Land Acquisition Officer.

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Having heard the learned counsel for parties, we have perused the material available on record.

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It is submitted by the learned counsel for appellant that questioning the common award, dated 16.05.1985, passed in Rc.No.A/548/83 by the Land Acquisition Officer, arising out of the same notification, when some of the claimants sought reference under Section 18 of the Act, the matters were tried in L.A.O.P.Nos.370 to 396 and 407 to 429 of 1998 by the learned Additional District Judge, Khammam, and by order, dated 30.03.1989, the reference Court has enhanced the compensation for dry land from Rs.3,000/- per acre to Rs.24,000/- per acre and for wet land from Rs.5,100/- per acre to Rs.30,000/- per acre. It is further submitted that though the land of the appellant herein was also acquired under the same notification, his claim for enhancement of compensation was erroneously rejected by the reference Court by impugned order, dated 16.09.1994. Hence, he seeks enhancement of compensation as ordered in the aforesaid batch of cases.

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During the course of hearing, learned counsel for the appellant has produced a copy of the order, dated 30.03.1989, passed in L.A.O.P.Nos.370 to 396 and 407 to 429 of 1998 and we have perused the said order passed by the learned Additional District Judge, Khammam. A perusal of the aforesaid order indicates that with regard to

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the lands situated at Nagulavancha Village, which are covered by the same notification, the reference Court has enhanced the compensation from Rs.3,000/- per acre to Rs.24,000/- per acre for dry land and from Rs.5,100/- per acre to Rs.30,000/- per acre for wet land. It is brought to our notice that against the order passed in the aforesaid batch, though the matters were carried in appeals by the State along with delay petitions, as the delay petitions were dismissed, the order of the reference Court has become final.

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As the compensation fixed by the Court of Additional District Judge, Khammam, has become final, we are of the view that the appellant, whose land was also acquired under the same notification, is also entitled to the compensation as fixed by the said Court in its order, dated 30.03.1989.

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For the aforesaid reasons, the Appeal Suit is allowed and the compensation fixed by the Land Acquisition Officer is enhanced to Rs.24,000/- per acre for dry land and to Rs.30,000/- per acre for wet land. The appellant is also entitled for all statutory benefits as per law. 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.826 OF 2002

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

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4^th February, 2014

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G. Upender Reddy v. The Land Acquisition Officer and

Case brief

What is this about?

What did the court decide?

G. Upender Reddy v. The Land Acquisition Officer and

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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