This is an appeal by the Land Acquisition Officer against the judgment of the reference court fixing compensation rates for land acquired for a balancing reservoir project. The High Court dismissed the appeal relying on a prior judgment regarding identical evidence and common issues.
The appeal was dismissed confirming the order dated 10.10.2017.
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.
HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAT)
TUESDAY ,THE TWENTIETHDAY OFSEPTEIUBER TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE JUSTICE G SRI DEVI AND THE HONOURABLE SMT JUSTICEM.G.PRIYADARSINI
L.A.A .S.No.28 OF 2018
Appeal Under Section 54 of theLand AcquisitionAct, '1894 against the Judgment and Decree made in O.P.No.39of 2015 Dated'10.'10.2017on the file of the Court of the Senior Civil Judgeat Wanaparthy
Between:
The Special Deputy Collector , L.A., RLISP-Il,Pebbair.
...APPELLANT/REFERENCER
AND
...RESPONDENTS/PETITIONERS
t.A.NO.'t OF 20't8
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in pursuance to the orders dated.l0/10/2017 made in LAOP.no.39/2015 on the file of the Senior Civiljudge, Wanaparthy.
Counsel for the Appellant : GP FOR APPEALS
Counsel for the Respondents : SRI s. VENKATESHWAR REDDY The Court made the following: ORDER
THE HON,BLE JUSTICE G. SRI DEVI
AND
THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI
L.A.A^S. No. 28 of 2018
JUDGMENT: llter Justice G. Sri Deul
The lis in this Appeal preferred by the Land Acquisition Officer-cum-Special Depury Collector, L.A. Unit, R.L.I.S.p.-ll, Pebbair, Mahabubnagar District, is directed against the order passecl by the civil Court in the rcference made under Section 18 of the Land Acquisition Act, 1894.
soughtfor referenceurlder Section 18 of the Act' slckin'g enhancemento[ the compertsationThe rclcrence Cor-lrt' bv an order,dated1O'1O'20i7'has fixed the market value ol tht acquiredlancl atRs'4'0o'o00/- per acre ior drylar-rds; Rs.4,O5,OOO/-per acre for Jaiuthari; Rs'4'1O'O00/- per acre for irrigatedciry lands and Rs'4' 15'OOO/ - per2616 for wet lands' Challer-rgingthe said enhancerr'ent'the LanC AcquisitionOfficer has Preferredthe PresentaPPeal'
I
batch, wherein this Court has dismissed the appeals filed by the L.A.O. confirming the market value fixed by the reference Court at Rs.4,0O,O00/- per acre lor dry land; Rs.4,O5,O0O/- per acre for Jaluthari lands and Rs.4, i O,0O0/ - pe r acre for wet land.
Miscellaneous petitions, if any, pending in these appeals
shall stand closed.
I
SD/-K.SRINIVASARAO JOINT REGITRAR //TRUE COPY// u/ SECTION O'FFICER
To'1. The Senior Civil Judge, Wanaparthy, Mahaboobnagar District (With Records)
A&$b
HIGH COURT
DATED:2010912022
JUDGMENT
\ a)
at Ii li'it 2$22
,.)
Ib
L.A.A.S.No.28 of 2018
DISMISSING THE L.A.A.S. WITHOUT COSTS.
{
Ex,
I
HIGH COURTFOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY .THETWENTIETHDAYOF SEPTEIVIBER TWO THOUSANDANDTWENTY TWO
PRESENT
THE HONOURABLEJUSTICE G SRI DEVI AND THE HONOURABLE SMTJUSTICE M.G.PRIYADARSINI
L.A.A.S.No. 28 OF2018
Between:
The Special Deputy Collector,1.A., RLISP-Il, Pebbair
...APPELLANT/REFERENCER
AND
...REspoNDENTs/pETtToNERS Appeal Under Section 54 of the Land AcquisitionAct, '1894 against theJudgment
and Decree made in O.P.No.39 of2015 Dated10.10.2017on the file of the Courtof the
Senior Civil Judge at Wanaparthy
ORDER :This appeal coming on forhearing and upon perusing the grounds of appeal, the Judgment and Decree ofthe Lower Court and lhe material papers in the case and upon
hearing the arguments ofG.Pfor Appeals, for the Appellant andof Sri P.Jahnavi, Advocate for the Respondents.
This Court doth Order and Decree as follows:
SD/-K.SRINIVASA JOINT REGI RAR ,TRUE COPY//
SECTION OFFICER
To,
HIGH COURT
DATED:2010912022
DECREE
LAAS.No. 28 of 2018
PARTLY ALLOWING THE L.A.A.S WITHOUT COSTS.
%'*K'
2 issues framed by the court
Whether the Land Acquisition Officer's appeal challenging the market value fixed by the reference court should be allowed.
Whether the market value fixed by the reference court on reference under Section 18 of the Land Acquisition Act, 1894 is consistent with earlier judgments on similar lands.
The Special Deputy Collector
Kurumurthy
Malabijja Chennaiah
Golla Pochamoni Venkataiah
Golla Pochamoni Bichanna
G Sri Devi
M.G. Priyadarsini
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
