This court dismissed an appeal filed by the Special Deputy Collector challenging the enhancement of market value in land acquisition. The court held that the matter was squarely covered by a prior judgment (L.A.A.S.No.23 of 2007) and dismissed the appeal, closing pending petitions.
Costs: None.
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.
HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE SRI JUSTICE A.SHANKAR NARAYANA
L.A.A.S.No.73 of 2007
JUDGMENT : (per Hon’ble Sri Justice R.Subhash Reddy)
This appeal, under Section 54 of the Land Acquisition Act, 1894 is preferred by the Special Deputy Collector (Land Acquisition Officer), Telugu Ganga Project, Nandyal, Kurnool District, aggrieved by the common order and decree dated 13.10.2004 in O.P.No.93 of 1993 (along with connected O.P.Nos.127, 91, 92, 94, 96 and 98 of 1993) passed by the learned Senior Civil Judge, Atmakur, Kurnool District, enhancing the market value of the subject lands from Rs.8,000/- for dry lands and Rs.8,500/- for the lands irrigated by the wells uniformly to Rs.40,000/- per acre.
2. An extent of Ac.0.27 cents in Sy.No.125/2, situated at Velugodu village, Kurnool District, belonging to the respondent/claimant, along with the land belonging to the claimants in the other connected O.Ps., was acquired for the purpose of formation of Telugu Ganga Project. A draft Notification under Section 4 (1) of the Land Acquisition Act, 1894 (for brevity “the Act”) was published on 22.8.1990. The Land Acquisition Officer, after conducting enquiry, passed Award No.26/1990-91, dated 22.3.1991, fixing market value for the dry lands at Rs.8,000/- per acre, and for the lands irrigated by the wells at Rs.8,500/- per acre. On reference under Section 18 of the Act in O.P.No.93 of 1993, the reference Court, after considering the oral and documentary evidence on record, fixed the market value for the subject lands uniformly at Rs.40,000/- per acre. Aggrieved by the said enhancement of compensation, this appeal is filed by the Special Deputy Collector.
3 . When the matter is taken up for hearing, it is submitted by the learned counsel for the parties that the subject matter in this appeal is squarely covered by an earlier common judgment rendered by this Court in L.A.A.S.No.23 of 2007 and batch & Cross-objections, dated 01.04.2014, arising out of the very same Notification dated
22.8.1990, dismissing the appeals filed by the State and partly allowing the Cross-objections filed by the respondents/claimants therein, enhancing the compensation from Rs.40,000/- to Rs.50,000/per acre.
4. In this appeal, it is to be noticed that there are no cross-objections. Hence, the appeal filed by the State is liable to be dismissed.
5. In view of the same, following the judgment in L.A.A.S.No.23 of 2007 and batch & Cross-objections, dated 01.04.2014, this appeal filed by the State is dismissed. As a sequel, miscellaneous petitions pending, if any, in this appeal shall stand closed. No order as to costs.
6 . Registry is directed to annex a copy of the judgment in L.A.A.S.No.23 of 2007 and batch & Cross-objections, dated 01.04.2014, to this judgment.
____________________________ JUSTICE R. SUBHASH REDDY
JUSTICE A.SHANKAR NARAYANA 10.11.2014. Msr
HON’BLE SRI JUSTICE R.SUBHASH REDDY AND HON’BLE SRI JUSTICE A.SHANKAR NARAYANA
L.A.A.S.No.73 of 2007
10.11.2014 Msr
2 issues framed by the court
Whether the appeal filed by the State concerning enhancement of market value in land acquisition is maintainable when absolutely prevented by a prior common judgment.
What is the consequence when no cross-objections are filed in an appeal that is squarely covered by an earlier judgment.
Colour shows how this judgement treated each authority
L.A.A.S.No.23 of 2007 and batch & Cross-objections, dated 01.04.2014Followed¶6
3 provisions across 1 enactments
Special Deputy Collector (Land Acquisition Officer), Telugu Ganga Project
Respondent/claimant (land owners)
R.SUBHASH REDDY
A.SHANKAR NARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
