The Division Bench dismissed the appeals filed by the Revenue Divisional Officer against the market value fixation order. The Court held the matter was covered by a preceding Division Bench judgment (27.04.2007) and denied the revision.
Appeals dismissed; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE R. SUBHASH REDDY AND THE HON’BLE SRI JUSTICE A. SHANKAR NARAYANA LAAS.Nos.702 & 812 of 2006
COMMON JUDGMENT: (Per Hon'ble Sri Justice R. Subhash Reddy)
These appeals, under Section 54 of the Land Acquisition Act, 1894, are filed by the Revenue Divisional Officer-cum-Land Acquisition Officer, Vijayawada, aggrieved by the order, dated 30.07.2003, in O.P.No.164 of 1999 & O.P.No.13 of 1998 passed by the learned II Additional Senior Civil Judge, Vijayawada.
The land admeasuring Ac.0.04 cents, belonging to the respondent in LAAS.No.702 of 2006, and the land to an extent of Ac.0.06 cents, belonging to the respondent in LAAS.No.812 of 2006, were acquired along with large extents of lands for the purpose of widening and strengthening of National Highway No.9 from Vijayawada to Hyderabad. Notification under Section 4 (1) of the Act was published in the Gazette on 09.12.1993. The Land Acquisition Officer has passed award fixing the market value at Rs.1,72,000/- per acre for the land covered in O.P.No.164 of 1999 and Rs.1,30,000/- per acre for the land covered in O.P.No.13 of 1998. On reference under Section 18 of the Act, the Civil Court has fixed the market value at Rs.125/per sq. yard. As against the same, the Revenue Divisional Officer-cum-Land Acquisition Officer, Vijayawada, has
preferred these appeals.
The aforesaid O.Ps. were disposed of along with batch of cases in O.P.No.6 of 1998 & batch, by common order, dated 30.07.2003, whereby the reference Court answered the references by fixing the market value of the acquired lands at Rs.125/- per sq. yard.
Today when the matters are taken up for hearing, 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.1235 of 2003 & batch, dated 27.04.2007. A copy of the said judgment is placed on record.
From a perusal of the judgment dated 27.04.2007, it is evident that against some of the cases in connected O.P.No.6 of 1998 & batch, the State as well as some claimants have filed the appeals and cross-objections, and this Court, while dismissing the appeals filed by the State, fixed the market value of the acquired lands at Rs.160/- per sq. yard.
Therefore, as the subject matter of these appeals is squarely covered by earlier judgment dated 27.04.2007 in AS.No.1235 of 2003 & batch, these appeals are dismissed following the said judgment and for the reasons recorded therein. There shall be no order as to costs.
The miscellaneous petitions, if any, pending in this
appeal shall stand closed.
____________________________ JUSTICE R.SUBHASH REDDY
_________________________________ JUSTICE A.SHANKAR NARAYANA 13th November, 2014 v v
THE HON’BLE SRI JUSTICE R. SUBHASH REDDY AND THE HON’BLE SRI JUSTICE A. SHANKAR NARAYANA
LAAS.Nos.702 & 812 of 2006
(Per Hon'ble Sri Justice R.Subhash Reddy)
v v
13th November, 2014
1 issue framed by the court
Whether Rule of Courts appear more land acquisition judgments to fix market value at Rs. 160 per square yard since the subject matter is covered by an earlier judgment.
Colour shows how this judgement treated each authority
A.S.No.1235 of 2003 & batch, dated 27.04.2007Followed¶7
1 provisions across 1 enactments
Revenue Divisional Officer-cum-Land Acquisition Officer, Vijayawada
Respondent in LAAS.No.702 of 2006
Respondent in LAAS.No.812 of 2006
R. SUBHASH REDDY
A. SHANKAR NARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
