Allowed

D. Hanmanth and Another v. the Land Acquisition Officer and Spl. Dy. Collector, Gadwal.

Telangana HC6 Nov 2024LAAS/211/2012

Case brief

AI extract

What is this about?

The High Court allowed appeals under Section 54 of the Land Acquisition Act, 1894. The Court ruled that appellants are entitled to compensation of Rs. 78,000 per acre for dry land, extending a later reference order covering the same village. Interest for the appeal delay is denied.

What did the court decide?

Appeals allowed; compensation enhanced to Rs. 78,000 per acre for dry land; no interest awarded for appellate delay.

D. Hanmanth and Another Vs the Land Acquisition Officer… — Land Acquisition | Telangana HC (2024)

¶1

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶2

WEDNESDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

¶3

PRESENT

¶4

THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETW

¶5

L.A.A.S. NOS: 21^'l , 214 AND 373 OF 2012

¶6

L:A.A.S. NO: 2'll OF 2012

¶7

Appeal under Section 54 of Land Acquisition Act against the Judgment and Decree dated 12-07 -2004 made in O.P.No.'l 15 ol 2002 on the file of the Court of the Senior Civil Judge at Wanaparthy, Mahabubnagar District.

¶8

Between:

¶9

D. Hanmanth, S/o. Peddanna, Age 62 years, Occ. Agricultur:e

¶10

Murakonda Bo1'jamma, Wo- Ramulu, Aged 60 years, Occ- Agriculture Both R/o. Seripally Village, Pebbair Mandal, Mahabubnagar District

¶11

...Appellants / Claimants

¶12

AND

¶13

The Land Acquisition Officer & Special Deputy Collector, L.A.Unit, P.J.P. Gadwal

¶14

...Respondent / Respondent

¶15

L.A.A.S. NO: 214 OF 2012

¶16

Appeal under Section 54 of Land Acquisition Act against the Judgment and Decree dated 12-07 -2004 made in O.P.No.116 of 2002 onthefile of theCourtof the Senior Civil Judge at Wanaparthy, Mahabubnagar District.

¶17

Between:

¶18

'1 . Hanmanthu, S/o. Peddanna, Age 58 yrs, Occ. Agriculture

¶19

M. Balaiah, S/o. Poshanna, Age 56 yrs, Occ. Agriculture

¶20

Pentanna, S/o. Poshanna, Age 49 yrs, Occ. Agriculture

¶21

Gaya Ayyanna, S/o. Sayanna, Age 60 yrs, Occ. Agriculture

¶22

Ramudu, S/o. Narayana, Age 62 yrs, Occ. Agriculture

¶23

Ramudu, S/o. Padda Chintanna, Age 49 yrs, Occ. Agriculture

¶24

Chinnaiah, S/o. Buddanna,^Age 47^yrs, Occ.^Agriculture

¶25

Yerukali Poshanna, S/o- Munthanna,^{Age 59 yrs,Occ. Agriculture} All are R/o. Seripally Village, Pebbair Mandal,^{MahabubnagarDistrict}

¶26

...Appellants / Claimants

¶27

AND

¶28

The Land Acquisition Officer & Special Deputy Collector,^{L.A. Unit P.J.P.} Gadwal

¶29

...Respondent / Respondent

¶30

L.A.A.S. NO: 373 OF 2012

¶31

Appeal under Section 54 of Land Acquisition Act against the Judgment^and Decree dated 12-07 -2004 made in O.P.No.117 of 2002 on^{the file of the Court of the} Senior Civil Judge at Wanaparthy, Mahabubnagar District.

¶32

Between:

¶33

P. Ramulu, S/o. Krishnaiah, Age 58^yrs, Occ. Agriculture

¶34

P.Balaiah, S/o. Krishnaiah, Age 59^yrs, Occ. Agriculture

¶35

Chintalamma, Wo. Chinna Mashanna Age 59^yrs, Occ.^Agriculture

¶36

Chandraiah, S/o. Yellaiah, Age 58^yrs, Occ. Agriculture

¶37

Naganna, Sio. trilallaiah, Age 49 yrs, Occ. Agriculture

¶38

Buddanna, S/o. Thikkanna, Age 47^yrs, Occ. Agriculture

¶39

S. Laxmaiah, S/o. Narayana, Age 62^yrs, Occ. Agriculture

¶40

B. Kambalapuram Buchanna, S/o. Chinna Jammanna, 60^yrs, Occ.^Agriculture

¶41

Beesanna, S/o. Laxmaiah, Age 49 yrs, Occ. Agriculture

¶42

All are R/o. Sheripally Village, Pebbair Mandal, Mahabubnagar District

¶43

...Appellants / Claimants

¶44

AND

¶45

The Land Acquisition Officer & Special Deputy Collector, L.A. Unit, P.J.P Gadwal

¶46

...Respondent / Respondent

¶47

Counsel for the Appellants Sri V Manohar Rao in All the Appeals Counsel for the Respondent Ms Babitha in All the Appeals Assistant GP for Appeals

¶48

The Court delivered the following Common Judgment :

¶49

THE HON'BLE SRJ JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SRI WSTICE LAXMI NARAYANA ALISHETTY

¶50

L.A.A.S.Nos.211 2L4 and,373 of2OL2

¶51

COMMON JUDGMENT: (Per th.e Hon'ble Si Justtce Abhinand Kumar Sh,o.uiti)

¶52

Since the issue involved in all these appeals is one and the same, they are being heard together and disposed of by way of this common judgment.

¶53

A11 these Appeals are filed by the appellants/claimants, under Section 54 of Land Acquisition Act, 1894, (for short, 'the Act'), cha-llenging the common order and deiree, dated 12.07.2OO4 passed in O.P.Nos.115, 116 and ll7 of 2OO2 by the learned Senior Civil Judge, Wanaparthy, (hereinafter referred to as "the Reference Court").

¶54

Heard Mr.V.Manohar Rao, learned counsel for the appellants/claimants and Ms.Babitha, learned Assistant Government Pleader for Appeals, appearing for the respondent-Land Acquisition Offi cer.

¶55

¶56

For the sake of convenience, the facts in^{L.A.A.S.No'211} of2Ol2 are discussed as hereunder:-

¶57

The brief facts of the case are that an extent of dry land admeasuring Ac l.2l gts, in survey No.44512 and^446/2 situated at Sheripally Village belonging to the was appellants/ claimants, acquired for the pu{pose of excavation of Distributory No.2O of left main canal under Priyadarshini Jurala Project. Draft notification under Section a (1) of the Act was issued on 28.12.1998. The Land Acquisition Ofhcer, after conducting necessary enquiry, passed common award bearing No.32/99 dated 28.05.i999 fixing compensation at Rs.33,500 /- per acre for wet land and Rs.23,000/- per acre for dry land.

¶58

Not being satished with the award dated 28.05.1999, the appellants/claimants sought reference under Section 18(2) of the Act and the sarne was numbered as O.P.No.115 of 2OO2 on the file of the Reference Court.

¶59

The reference Court, on appreciation of the entire evidence and material available on record, passed the

¶60

¶61

impugned common order, dated I2.O7.2OO+, confrrming the market value fixed at Rs.33,5OO /- per acre for wet land and Rs.23,000/- per acre for dry land. Aggrieved by the same, the appellants/claimants preferred the present appeal. B. Learned counsel for the appellants/claimants had contended that the Government had not only acquired the lands of the appellants, but also acquired certain other lalds in the same Village of Sheripally for the very same purpose and on reference by the claimants therein, the reference Court has enhanced the compensation to Rs.78,OOO/- per acre for dry lands and Rs.88,0OO/- per acre for'wet lands vide common order, dated 13.11.2012, passed in O.P.No.549 of 2OO9 and batch. Therefore, the reference Court ought to have enhanced the compensation for the acquired lalds also in terms of the common order, dated 13.11.2OL2, passed in O.P.No.549 of 2OO9 ald batch. Therefore, appropriate orders be passed in the appeal by enhancing the compensation for the acquired lands.

¶62

¶63

Learned Assistant Government Pleader for respondent has not disputed about the common order, dated L3.17.2012 passed in O.P.No.549 of 2OO9 and batch by the reference Court ald contended ttrat appropriate ordeis be^passed

¶64

This Court, having considered the rival submissions made by the parties, is of the view that the lands covered in the common order, dated 13.11.2012 passed by the reference Court in O.P.No.549 of 2OO9 and batch and the lands now acquired pertain to the very sarne Village of Sheripally Therefore, this Court is of the view that the compensation as awarded in O.P.No.549 of 2OO9 and batch dated 13.71.2012, cal be extended to the appellants/claimants herein also. Therefore, the appellants /claimants are entitled to compensation of Rs.78,000/- per acre for dry lands with all statutory benefits. However, for the delayed period ln approaching this Court by preferring appeals, the appellants are not entitled to interest.

¶65

With these observations, all these appeals are allowed. No order as to costs.

¶66

¶67

As a sequel, miscellaneous applications^{pending, if any,}

¶68

in these Appeals, shall stand closed.

¶69

Sd/. A.V^{.S.S.C.S.M. SARMA} JOINT REGISTRAR

//TRUE COPY//

SECTION^OFFICER

To,

The Senior^{Civil Judge, Wanaparthy (with records' if any)}

¶74

TwoCCs^{to the GP for Appeals,High Court for the State of Telangana'} Hyderabad [OUT]

¶75

One CC^{to Sri V ManoharRao,Advocate[OPUC]}

¶76

Two CD^CoPies

vtugh Yt

HIGH COURT

DATED:0611112024

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¶81

COMMON JUDGMENT + DECREE ( 4 DRAFTS ) LAAS.Nos.211,214 & 373 of 2012

¶82

ALLOWING ALL THE APPEALS +^*Pi"a fr,

¶83

IN THE HIGH COURT FOR THE STATE OF^{TELANGANA AT HYDERABAD}

¶84

WEDNESDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

¶85

PRESENT

¶86

THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

¶87

L.A.A.S. NO: 211 OF 2012

¶88

Between:

¶89

D. Hanmanth, S/o. Peddanna, Age 62^years, Occ.^Agriculture

¶90

Murakonda Bojjamma, W/o. Ramulu, Aged^{60 years, Occ. Agriculture} Both Ri./o. Seripally Village, Pebbair Mandal, Mahabubnagar^District

¶91

...ApPellants / Claimants

¶92

AND

¶93

The Land Acquisition Officer & Special Deputy Collector,^{L.A.Unit, P.J.P.} Gadwal

¶94

..Respondent / Respondent

¶95

Appeal under Section 54 of Land Acquisition Act^{against the Judgment and} Decreedated 12-07-2004 made in O.P.No.115 of 2002^{onthefileoftheCourtofthe} Senior Civil Judge at Wanaparthy, Mahabubnagar^District.

¶96

ORDER:

¶97

This appeal coming on for hearing and upon^perusing the^{grounds of appeal,} the Judgment and Decree of the Lower Court^and the^{material papers in the case} and upon hearing the arguments of Sri V Manohar^{Rao, Advocatefor the Appellant} and of Ms Babitha, Assistant Government Pleader^{for Appeals, Advocatefor the} Respondent.

¶98

This Court doth Order and decree as follows:-

¶99

That the Appeal be and the same is hereby allowed;

¶100

That the Appellants / Claimants be and^hereby are^{entitled to compensationof} Rs. 78,000/-^per acre for dry lands with all the statutory^benefits;

¶101

That the Appellants be and hereby are^{not entitled to interest for the delayed} period in approaching this Court by preferring appeals; and

¶102

That there shall be no order as to costs in this appeal;

¶103

Sd/. A.V.S.S.C.S.M. SARMA JOINT REGISTRAR

//TRUE COPY//

To,

\u-

\ | 'u secnoN oFFrcER

¶108

'l . The Senior Civil Judge, Wanaparthy

¶109

fwo CD Copies

VA \qr

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HIGH COURT DATED:0611112024

¶114

TA"*- ,^*4 ctfnna
1)rF x

¶115

DECREE

¶116

LAAS.No.211 of 2012

¶117

ALLOWING ALL THE APPEAL

¶118

rtCE\ *r,

¶119

IN THE HIGH COURT FOR THE^{STATE OF TELANGANA AT HYDERABAD}

¶120

WEDNESDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

¶121

PRESENT

¶122

THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

¶123

L.A.A.S. NO: 214 OF 2012

¶124

Between:

¶125

Hanmanthu, S/o. Peddanna, Age 58^yrs, Occ. Agriculture

¶126

tvl. Balaiah, S/o. Poshanna, Age 56^yrs, Occ. Agriculture

¶127

Pentanna, S/o. Poshanna, Age 49^{yrs,Occ. Agriculture}

¶128

Gajja Ayyanna, S/o. Sayanna, Age 60^yrs, Occ. Agriculture

¶129

Ramudu, S/o. Narayana, Age 62^yrs, Occ.^Agriculture

¶130

Ramudu, S/o. Padda Chintanna, Age 49^yrs, Occ.^Agriculture

¶131

Chinnaiah, S/o. Buddanna, Age 47^yrs, Occ. Agriculture

¶132

B. Yerukali Poshanna, S/o. Munthanna,^{Age 59 yrs, Occ- Agriculture} All are R/o. Seripally Village, Pebbair Mandal, Mahabubnagar^District

¶133

...Appellants / Claimants

¶134

AND

¶135

The Land Acquisition Officer & Special Deputy Collector,^{L.A. Unit P.J.P.} Gadwal

¶136

..Respondent / Respondent

¶137

Appeal under Section 54 of Land Acquisition^{Act againstthe Judgmentand} Decree dated 12-07 -2004 made in O.P.No.1^{16 o'f 2002 on the file of the Court of the} Senior Civil Judge at Wanaparthy, Mahabubnagar^District.

¶138

ORDER:

¶139

This appeal coming on for hearing and upon^{perusing the groundsof appeal,} the Judgment and Decree of the Lower Court and the^{material papers in the case} and upon hearing the arguments of Sri V Manohar^{Rao,Advocatefor the Appellant} and of Ms Babitha, Assistant Government Pleader^{for Appeals, Advocatefor the} Respondent.

¶140

This Court doth Order and decree as follows:-

¶141

That the Appeal be and the same is hereby allowed;

¶142

That the Appellants / Claimants be and hereby are entitled to compensation of

¶143

Rs. 78,000/- per acre for dry lands with all the statutory benefits;

¶144

That the Appellants be and hereby are not entitled to interest^for the delayed

¶145

period in approaching this Court by preferring appeals; and

¶146

That there shall be no order as to costs in this appeal;

¶147

Sd/- A.V.S.S.C.S.M. SARMA JOINT REGISTRAR

//TRUE COPY//

Gecrro" oFFrcER

To,

The Senior Civil Judge, Wanaparthy

¶152

Two CD Copies

vAYx

..-g'&.f;::t'

1'
f't

HIGH COURT

DATED:0611112024

DECREE

LAAS.No.2'|4 ot 2012

ALLOWING ALL THE APPEAL

¶162

t{ crPq<L l-tr -uf.,1*'

¶163

IN THE HIGH COURT FOR THE STATE OF TELANGANA^{AT HYDERABAD}

¶164

WEDNESDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

¶165

PRESENT

¶166

THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

¶167

L.A.A.S. NO: 373 OF 2012

¶168

Between:

¶169

P. Ramulu, S/o. Krishnaiah, Age 58 yrs, Occ. Agriculture

¶170

P.Balaiah, S/o. Krishnaiah, Age 59 yrs, Occ. Agriculture

¶171

Chintalamma, Wo. Chinna Mashanna Age 59^yrs, Occ. Agriculture

¶172

Chandraiah, S/o. Yellaiah, Age 58^yrs, Occ. Agriculture

¶173

Naganna, S/o. Mallaiah, Age 49^yrs, Occ. Agriculture

¶174

Buddanna, S/o. Thikkanna , Age 47 yrs, Occ. Agriculture

¶175

S. Laxmaiah, S/o. Narayana, Age 62 yrs, Occ. Agriculture

¶176

Kambalapuram Buchanna, S/o. Chinna Jammanna, 60^yrs, Occ. Agriculture

¶177

Beesanna, Sio. Laxmaiah, Age 49^yrs, Occ. Agriculture

¶178

All are R/o. Sheripally Village, Pebbair Mandal, [\Iahabubnagar District

¶179

...Appellants / Claimants

¶180

AND

¶181

The Land Acquisition Officer & Special Deputy Collector, L.A. Unit, P.J.P Gadwal

¶182

..Respondent / Respondent

¶183

Appeal under Section 54 of Land Acquisition Act against the Judgment^and Decree dated 12-07 -2004 made in O.P.No.117 of 2002 on thefile of the Courtof the Senior Civil Judge at Wanaparthy, Mahabubnagar District.

¶184

ORDER:

¶185

This appeal coming on for hearing and upon^perusing the^grounds of^appeal, the Judgment and Decree of the Lower Court and the material^{papers in the case} and upon hearing the arguments of Sri V Manohar Rao, Advocate^{for the Appellant} and of Ms Babitha, Assistant Government Pleader for Appeals, Advocate^{for the} Respondent.

¶186

q'.Effi# ;:t"7 t*X..

¶187

This Court doth Order and decree as follows:-

¶188

'1. That the Appeal be and the same is hereby allowed;

¶189

That the Appellants / Claimants be and hereby are entitled to compensation of Rs. 78,0001 per acre for dry lands with all the statutory benefits;

¶190

That the Appellants be and hereby are not entitled to interest for the delayed period in approaching this Court by prefening appeals; and

¶191

That there shall be no order as to costs in this appeal;

¶192

Sd/- A.V.S.S.C.S.M. SARMA JOINT REGISTRAR

//TRUE COPY//

\ecrrox oFFrcER

To,

The Senior Civil Judge, Wanaparthy

¶197

Two CD Copies

¶198

vA vY

¶199

HIGH COURT DATED:0611112024

¶200

DECREE

¶201

LAAS.No.373 of 2012

¶202

ALLOWING ALL THE APPEAL

¶203

r-, -Pd 'H. --<--i^6 qN',-

D. Hanmanth and Another v. the Land Acquisition Officer and Spl. Dy. Collector, Gadwal.

Case brief

What is this about?

What did the court decide?

D. Hanmanth and Another v. the Land Acquisition Officer and Spl. Dy. Collector, Gadwal.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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