Dismissed

The Land Acquisition Officer v. U. Janaki Ramulu

Telangana HC6 Dec 2014LAAS/105/2007

Case brief

AI extract

What is this about?

The Land Acquisition Court dismissed an appeal filed by the Land Acquisition Officer against the reference court's enhancement of compensation from Rs.18,000 to Rs.35,000 per acre. The Court held that the enhancement was just and reasonable given the land's proximity to the village site and Nagarjuna Sagar Canal.

What did the court decide?

The appeal filed by the Land Acquisition Officer was dismissed with a note that no order as to costs.

The Land Acquisition Officer Vs U. Janaki Ramulu — Land Acquisition | Telangana HC (2014)

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HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE Dr. JUSTICE B.SIVA SANKARA RAO

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L.A.A.S.No.105 of 2007

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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 Land Acquisition Officer, Revenue Divisional Officer, Khammam, aggrieved by the judgment and decree dated 23.03.2006 in L.A.O.P.No.51 of 1996 passed by the learned Senior Civil Judge, Sathupalli, Khammam District.

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2. An extent of Ac.1.8 ½ guntas of land situated at Laxmipuram village, Bonakal Mandal, Khammam District, belonging to the respondent/claimant was acquired for the purpose of providing house sites to the weaker sections. A draft Notification under Section 4(1) of the Land Acquisition Act, 1894 (for brevity “the Act”) was published on 26.11.1995. The Land Acquisition Officer, after conducting necessary enquiry, has passed Award dated 06.04.1996 fixing market value for the subject land at Rs.18,000/- per acre, along with all statutory benefits.

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3. Not satisfied with the market value fixed by the Land Acquisition Officer, the claimant sought reference under Section 18 of the Act, which was tried in

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L.A.O.P.No.51 of 1991 by the learned Senior Civil Judge, Sathupalli.

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4. Before the reference Court, the claimant himself was examined as P.W.1 and marked Ex.A.1, Pattadar Pass Book. On behalf of the referring Officer, no evidence, either oral or documentary, was adduced. The reference Court, having considered the oral and documentary evidence on record, fixed market value for the subject land at Rs.35,000/per acre. Questioning such enhancement, the Land Acquisition Officer has preferred the instant appeal.

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5. Learned Government Pleader for Appeals contended that the reference Court has enhanced the market value without assigning any valid reason. It is submitted that basing on Ex.A.1, the reference Court ought not to have ordered enhancement of compensation. Though notice is served on respondent/claimant, there is no appearance on his behalf. As such, we have carefully gone through the material on record.

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6. From the material on record, it is clear that the subject land was acquired for the purpose of providing house sites. In the evidence of P.W.1, in clear terms, it is stated that the subject land is adjacent to the village site and is suitable for house sites. Further, it is also clear from the record that the subject land is near to Nagarjuna

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Sagar canal. As per Ex.A.1, Pattadar Pass Book, market value of the land was mentioned as Rs.21,000/- per acre, which is the basic value of the Sub-Registrar. Having regard to the location of the subject land, which is near to Nagarjuna Sagar canal and as the land is situated adjacent to the village site and was acquired for the purpose of providing house sites to the weaker sections, we are of the view that the market value fixed by the reference Court at Rs.35,000/- per acre is just and reasonable and reflects the true market value as on the date of Notification issued for acquisition of the subject land.

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7. For the aforesaid reasons, this appeal is devoid of merits and is accordingly dismissed. As a sequel, miscellaneous petitions pending, if any, in this appeal shall stand closed. No order as to costs.

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____________________________ JUSTICE R. SUBHASH REDDY

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___________________________________ Dr. JUSTICE B.SIVA SANKARA RAO 06.12.2014. Msr

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HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE Dr. JUSTICE B.SIVA SANKARA RAO

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L.A.A.S.No.105 of 2007

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06.12.2014 Msr

The Land Acquisition Officer v. U. Janaki Ramulu

Case brief

What is this about?

What did the court decide?

The Land Acquisition Officer v. U. Janaki Ramulu

Case brief

What is this about?

What did the court decide?

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