Dismissed

Special Tahsildar, L.A. v. Madisa Appili

Telangana HC2 Jun 2014LAAS/210/2009

Case brief

AI extract

What is this about?

Appeals filed under Section 54 of the Land Acquisition Act, 1894, challenging a common order enhancing compensation were dismissed. The court held that the subject matter was squarely covered by a prior Division Bench judgment which dismissed similar state appeals upholding the enhanced compensation.

What did the court decide?

All appeals dismissed following the judgment in A.S.No.411 of 2004; miscellaneous petitions pending closed.

Special Tahsildar, L.A. Vs Madisa Appili — Land Acquisition | Telangana HC (2014)

¶1

THE HON’BLE SRI JUSTICE R. SUBHASH REDDY AND THE HON’BLE SRI JUSTICE A. SHANKAR NARAYANA APPEAL SUIT Nos.1520 OF 2003; 453 OF 2004 AND L.A.A.S.Nos.210 & 219 OF 2009

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

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These appeals, under Section 54 of the Land Acquisition Act, 1894, are filed aggrieved by the common order, dated 27.09.2001, passed in L.O.P.Nos.33 & 34 of 1999 and 16 & 31 of 2000 by the learned Senior Civil Judge, Gajuwaka.

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Various extents of lands situated at Fakirtakya Village of Gajuwaka Mandal, belonging to the respondents - claimants were acquired under the provisions of the Land Acquisition Act, 1894, for the purpose of allotting to the Andhra Pradesh Industrial Infrastructure Corporation Limited (APIIC) for formation of industrial zone. Notification under Section 4 (1) of the Land Acquisition Act was published on 02.02.1985. The Land Acquisition Officer, after conducting necessary enquiry, has passed an Award fixing the compensation at Rs.39,474/- per acre, which works out to Rs.8.05 ps. per Square Yard. Not satisfied with the same, the respondents – claimants sought references under Section 18 of the Land Acquisition Act, which were tried in L.O.P.Nos.33 & 34 of 1999 and 16 & 31 of 2000 by the learned Senior Civil Judge, Gajuwaka. The said L.O.Ps. were disposed of

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along with batch of cases in L.O.P.No.8 of 1999 and batch, by common order, dated 27.09.2001, and the reference Court, by relying on Ex.A14 order, dated 31.07.2000, passed in O.P.No.7 of 1999 and batch, has enhanced the compensation to Rs.16/- per Square Yard. Aggrieved by the same, the present appeals are filed by the Special Tahsildar, Land Acquisition, Visakhapatnam.

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When the matter is called, it is submitted that the subject matter of these appeals is squarely covered by an earlier judgment rendered by a Division Bench of this Court in A.S.No.411 of 2004 and batch, dated 30.04.2007, and a copy of the said judgment is placed on record.

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A perusal of the judgment, dated 30.04.2007, discloses that against some of the applications disposed of by orders, dated 27.09.2001 and 31.07.2000, when appeals are filed by the State in A.S.No.411 of 2004 and batch, this Court by judgment, dated 30.04.2007, dismissed such appeals confirming the compensation fixed by the reference Court.

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Therefore, as the subject matter of these appeals is squarely covered by the judgment, dated 30.04.2007, in A.S.No.411 of 2004 and batch, all these appeals are also dismissed following the aforesaid judgment and for the reasons recorded therein. 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 NARAYANA 02^nd June, 2014 MD

Special Tahsildar, L.A. v. Madisa Appili

Case brief

What is this about?

What did the court decide?

Special Tahsildar, L.A. v. Madisa Appili

Case brief

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