Spl.Dy.Collector , Railways v. Katta Savithri Devi

THE HON'BLE SRI JUSTICE K.C. BHANU AND THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI APPEAL SUIT No.1610 OF 1989 AND CROSS OBJECTIONS COMMON JUDGMENT:(per Hon'ble Sri Justice K.C. Bhanu) The appeal, under Section 54 of the Land Acquisition Act, 1894, is filed by the appellant/respondent challenging the Order, dated 23.12.1988, in Original Petition No.116 of 1983 passed by the Subordinate Judge, Nalgonda. Whereas the cross-objections are filed by the claimants for enhancement of compensation.

2. Learned Government Pleader for Appeals (Telangana) submits that the issue involved in the appeal is squarely covered by the Common Judgment, dated 13.11.1997 in Appeal Suit Nos.2793 and 2792 of 1985 and Cross Objections in Appeal Suit No.2793 of 1985.

3 . Following the said common judgment, the award passed by the Land Acquisition Officer has to be confirmed in view of the fact that the land acquired in the present appeal and the land covered under common judgment are situated at the same place i.e., at Pangal village of Nalgonda District and they are acquired for the purpose of construction of new Broadguage Railway Line.

4. Accordingly, the Appeal Suit is allowed setting aside the impugned Order, dated 23.12.1988, in Original Petition No.116 of 1983 passed by the Subordinate Judge, Nalgonda and the cross-objections are dismissed. There shall be no order as to costs. Miscellaneous Petitions, if any, pending shall stand closed.

______________________ JUSTICE K.C. BHANU __________________________ JUSTICE M.SEETHARAMA MURTI Date:01.04.2015 Note:

Registry is directed to attach a copy of the common judgment, dated 13.11.1997 in Appeal Suit Nos.2793 and 2792 of 1985 and Cross Objections in Appeal Suit No.2793 of 1985 to this common judgment.

(B/o) INL