Dismissed

The Special Deputy Collector(La) v. Perikela Nageswarudu

Telangana HC2 Jun 2014LAAS/241/2007

Case brief

AI extract

What is this about?

This appeal under Section 54 challenged the reference court decision to enhance compensation for land acquired for the Srisailam Hydro Electric Project, arguing the enhancement was excessive. The appellate court upheld the reference court's valuation as just and reasonable, dismissing the appeal without merit.

What did the court decide?

The appeal was dismissed as it had no merit; enhancement of compensation was upheld as just and reasonable.

The Special Deputy Collector(La) Vs Perikela Nageswarudu — Land Acquisition | Telangana HC (2014)

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HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE SRI JUSTICE A.SHANKAR NARAYANA

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L.A.A.S.No.241 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 Special Deputy Collector, Land Acquisition, Srisailam Project, Kurnool, aggrieved by the order and decree dated 25.09.2006 in L.A.O.P.No.2037 of 1991 passed by the learned Senior Civil Judge, Nandikotkur, Kurnool District.

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2. The Special Deputy Collector, Land Acquisition, Srisailam Project, Kurnool District, acquired the land situated at Chabolu Village, Nandikotkur Taluk, Kurnool District, under the provisions of the Land Acquisition Act, 1894 (for brevity “the Act”), for the purpose of Srisailam Hydro Electric Project. The Notification under Section 4(1) of the Act was published on 31.01.1974 and the Land Acquisition Officer had divided the lands into categorywise i.e., Category No.I wet lands under K.C. Canal; Category No.II(a) dry lands of mixed soil; Category No.II(b) dry lands mixed soil under unauthorized irrigation for below five years; and Category No.II(c) dry lands used as house sites, hayrick yards, kallams and accordingly fixed the market value at the rate of Rs.5,000/-, Rs.1,653/-, Rs.1,953/and Rs.2,500/- per acre, respectively. So far as this case is concerned, the Land Acquisition Officer has fixed the market value of the dry land to an extent of Ac.0.05 cents at Rs.14375 ps and for hut Rs.1,469-70 ps. Aggrieved by the same, the respondent/claimant sought reference under Section 18 of the Act.

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3. Before the reference Court, the respondent/claimants were examined as R.Ws.1 to 6 and marked Exs.X.1 to X.3. On behalf of the referring officer, the Assistant Executive Engineer was examined as P.W.1 and marked Exs.A.1 to A.6. Having considered the oral and documentary evidence on record, the reference Court enhanced the compensation for the houses at two times more than the value and for kallam three times more than the value fixed by the Land Acquisition Officer, which comes to Rs.500/- for Kallam and house and Rs.3,834/for hut. Aggrieved by the enhancement of compensation, this appeal is filed by the Special Deputy Collector, Land Acquisition, Srisailam Project.

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4. Heard the learned Government Pleader for Appeals appearing for the appellant and Sri K. Vijaykumar Reddy, learned counsel appearing for the respondent/claimant.

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5. Having regard to the evidence on record, we are of the view that the compensation fixed by the reference Court is just and reasonable. Further, the value of the appeal itself is Rs.2,931/-. Therefore, we do not find any merit in this appeal and it 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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________________________________ JUSTICE A.SHANKAR NARAYANA 02.06.2014. Msr

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HON’BLE SRI JUSTICE R.SUBHASH REDDY AND

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HON’BLE SRI JUSTICE A.SHANKAR NARAYANA

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L.A.A.S.No.241 of 2007

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02.06.2014 Msr

The Special Deputy Collector(La) v. Perikela Nageswarudu

Case brief

What is this about?

What did the court decide?

The Special Deputy Collector(La) v. Perikela Nageswarudu

Case brief

What is this about?

What did the court decide?

What the court decided

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