THE HON’BLE Ms. JUSTICE G.ROHINI
And
THE HON’BLE SRI JUSTICE C.PRAVEEN KUMAR
APPEAL SUIT Nos.431, 667, 669, 696, 697, 733,
734, 735, 1070 and1118 of 2002
And
L.A.A.S.Nos.337, 354, 356, 357, 377 and 389 of 2012
Dated: 20.12.2012
In A.S. No.431 of 2002
Between:
Telegu Laxmamma
.. Appellant
And
The Special Deputy Collector/LAO
.. Respondent
In A.S. No.667 of 2002
Between:
Mangati Venkata Ramana
.. Appellant
And
The Special Deputy Collector/LAO
.. Respondent
In A.S. No.669 of 2002
Between:
Y.Linga Reddy and others
.. Appellants
And
The Special Deputy Collector/LAO
.. Respondent
In A.S. No.696 of 2002
Between:
Telugu Ramudu
.. Appellant
And
The Special Deputy Collector/LAO .. Respondent
In A.S. No.697 of 2002
Between:
Ramapuram Naganna
.. Appellant
And
The Special Deputy Collector (LA)
.. Respondent
In A.S. No.733 of 2002
Between:
Chelimella Pullanna
.. Appellant
And
The Special Deputy Collector (LA)
.. Respondent
In A.S. No.734 of 2002
Between:
Golla Swamanna
.. Appellant
And
The Special Deputy Collector (LA)
.. Respondent
In A.S. No.735 of 2002
Between:
Alaganur Yesanna
.. Appellant
And
The Special Deputy Collector (LA)
.. Respondent
In A.S. No.1070 of 2002
Between:
Subbamma
.. Appellant
And
The Special Deputy Collector (LA)
.. Respondent
In A.S. No.1118 of 2002
Between:
Tigireddy Ramakrishna Reddy
.. Appellant
And
The Special Deputy Collector (LA)
.. Respondent
In L.A.A.S. No.337 of 2012
Between:
Choppala Sangeetha Rao
.. Appellant
And
The Special Deputy Collector (LA)
.. Respondent
In L.A.A.S. No.354 of 2012
Between:
Tammineni Chakrapani
.. Appellant
And
The Special Deputy Collector (LA)
.. Respondent
In L.A.A.S. No.356 of 2012
Between:
Chakali Palle Nagendrudu
.. Appellant
And
The Special Deputy Collector (LA)
.. Respondent
In L.A.A.S. No.357 of 2012
Between:
Harijana Chandranna
.. Appellant
And
The Special Deputy Collector (LA)
.. Respondent
In L.A.A.S. No.377 of 2012
Between:
Tammineni Ambanna
.. Appellant
And
The Special Deputy Collector (LA)
.. Respondent
In L.A.A.S. No.389 of 2012
Between:
Hazarath Ali
.. Appellant
And
The Special Deputy Collector (LA)
.. Respondent
THE HON’BLE Ms. JUSTICE G.ROHINI
And
THE HON’BLE SRI JUSTICE C.PRAVEEN KUMAR
APPEAL SUIT Nos.431, 667, 669, 696, 697, 733,
734, 735, 1070 and1118 of 2002
And
L.A.A.S.Nos.337, 354, 356, 357,377 and 389 of 2012
COMMON JUDGMENT : (Per Hon’ble Ms. Justice G.Rohini)
All the 16 appeals are filed under Section 54 of the Land Acquisition Act, 1894 (for short, ‘the Act’) against a common order passed by the Court of the Subordinate Judge, Atmakur, dated 23.03.1995 in a batch of O.Ps. taken on file on a reference made under Section 18 of the Act. The claimants in O.P.Nos.1151,1163,1211, 4186, 1122,4169,1114,1152,1346,4135,1110,4177,1162,4179,4178 and 1123 of 1987 are the appellants before us.
We have heard Sri V.Manohar Rao, the learned counsel appearing for the appellants in all the appeals as well as the learned Government Pleader for Appeals appearing for the respondent.
As could be seen from the material available on record, a large extent of Ac.82.90 cents situated in Kambalapalli Village of Pamulapadu Mandal, Kurnool District was acquired for the purpose of excavation of Srisailam Right Bank Canal (SRBC) from 11.500 Km to 12.500 Km vide notification dated 22.12.1984 published under Section 4(1) of the Act. After due enquiry, the land acquisition officer passed award No.12 of 1985, dated 20.09.1985, fixing Rs.11,030/- per acre for wet lands which are categorized as category-I lands and Rs.7,547/- for category-II lands i.e., dry lands irrigated with K.C.Canal and Rs.7,000/- for category-III lands i.e., developed dry lands. Similarly, for category-IV lands, the land acquisition officer fixed the market value at the rate of Rs.5,000/- per acre.
Not being satisfied with the compensation so awarded, the appellants herein sought reference under Section 18 of the Act. In pursuance thereof the Sub-Court, Atmakur having taken up the reference decided all the O.Ps. along with a batch of O.Ps. filed by similarly situated claimants and by order dated 23.03.1995 enhanced the compensation for category-I lands from Rs.11,030/- to Rs.16,545/-, for category-II lands from Rs.7,547/- to Rs.11,320/-, for category-III lands from Rs.7,000/- to Rs.10,500/- and for category IV lands from Rs.5,000/- to Rs.7,000/-.
As against the said common order dated 23.03.1995 several appeals came to be filed by the claimants. A batch of such appeals being A.S.No.1377 of 2000 and batch, was allowed by a Division Bench of this Court by judgment dated 22.08.2005 holding that the reference Court had failed to properly appreciate the documents marked on behalf of the claimants. Accordingly, the order of the reference Court, dated 23.03.1995 was set aside so far as the appellants therein were concerned and the matter was remanded to the reference Court for fresh disposal.
In pursuance of the said judgment of this Court, the matter was considered by the reference Court afresh and both the parties had adduced evidence to substantiate their respective claims. On appreciation of the evidence so adduced, the reference Court passed a fresh order dated 13.07.2006 in O.P.No.4290 of 1987 and batch thereby enhancing the market value fixed by the land acquisition officer for category-I lands from Rs.11,030/- to Rs.25,000/- per acre. Similarly, for category-II lands, the market value was enhanced from Rs.7,547/- to Rs.20,000/- per acre.
A copy of the said judgment passed by the Court of the Sub-ordinate Judge, Atmakur, dated 13.07.2006 in O.P.No.4290 of 1987 and batch has been filed before this Court by way of additional evidence and the same has been admitted and marked as Ex.A.5 by a separate order passed today in LAAS.M.P.No.1639 of 2012.
As could be seen from the fresh order passed by the reference Court dated 13.07.2006 (marked as Ex.A.5), the compensation was enhanced from Rs.11,030/- to Rs.25,000/- and Rs.7,547/- to Rs.20,000/- per acre for category-I and category-II lands respectively on the basis of Ex.A3, which is a certified copy of the judgment in A.S.No.80 of 1994, dated 15.10.1996 relating to the adjacent village, which was also acquired for the same purpose.
Having carefully gone through the order passed by the reference Court dated 13.07.2006, we are of the opinion that the enhancement granted by the reference Court is just and reasonable and based on proper appreciation of the evidence available on record. It is also brought to our notice by the learned counsel for the appellants that the order of the reference Court dated 13.07.2006 has become final and the land acquisition officer did not choose to prefer any appeal against the said order. The said fact has not been disputed by the learned Government Pleader appearing for the respondent. In the facts and circumstances noticed above, we deem it appropriate to grant the same enhancement to the appellants before us.
Accordingly, the compensation awarded by the Court below is hereby enhanced for category-I lands from Rs.11,030/- to Rs.25,000/- per acre and for category-II lands from Rs.7,547/- to Rs.20,000/- per acre. It is also made clear that the appellants are entitled to other statutory benefits as provided under law.
All the Appeals are accordingly partly allowed. No costs. Consequently, Miscellaneous Petitions, if any, pending in all the Appeals are closed.
___________
G. ROHINI, J
___________________
C.PRAVEEN KUMAR, J
Date: 20.12.2012
Ivd/ssv/KLP
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