Lao (Sdc) v. A.Seshamma And 4 Others

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU AS.No. 433 of 2004 Between:

The Land Acquisition Officer (Special Deputy Collector), Sriramsagar Project (SRSP), Warangal.

..Appellant/Referring Officer and Alla Sheshamma and 4 others.

..Claimants/Respondents Counsel for the appellants: G.P. for Appeals (TS) Counsel for the respondents: None appeared The Court made the following:

JUDGMENT: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This appeal is filed by the Land Acquisition Officer (Special Deputy Collector), Sriramsagar Project (SRSP), Warangal, feeling aggrieved by order and decree, dated 20.10.2001, in OP.No.74 of 1999 on the file of the II Additional Senior Civil Judge, Warangal (for short 'the reference Court').

2.

An extent of Acs.13.38 of land situated in Thirumalapur and Mushiniparthy Villages was acquired by the Government for excavation of a canal for Sriramsagar Project. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act') was published in the A.P. Gazette on 07.03.1997. After complying with the statutory formalities, an award was passed for Acs.10.31 guntas on 30.03.1997. For the balance extent of Acs.3.07 guntas, which is the subject matter of the present case, a separate award was passed fixing the same price as market value i.e. Rs.24,000/-. Not satisfied with the said fixation, the respondents/claimants got the dispute referred to the reference Court under Section 18 of the Act. 3.

On appreciation of the oral and documentary evidence, the reference Court has enhanced the compensation from Rs.24,000/- to Rs.60,000/- per acre.

4.

Learned Government Pleader for Appeals (TS) appearing for the appellant has submitted that the enhancement made by the reference Court is exorbitant. However, we are unable to accept this

submission, as the reference Court has taken into consideration Ex.A.1-registered sale deed, dated 26.11.1993, whereunder, P.W.2 has sold an extent of Acs.0.20 guntas for a consideration of Rs.25,000/- per acre. In his evidence he has deposed as under: "I own lands in Sy.No.155/A situated at Thirumalapur Village. My lands are situated near to the acquired lands at a distance of about one furlong. The SRSP canal is passing through the lands in Sy.No.155. I purchased 20 guntas of land in Sy.No.155/A from Nagireddy Kotireddy under a registered sale deed for a consideration of Rs.25,000/- on 26.11.1993. Ex.A.1 is the C.C. of registered sale deed. Our lands and the lands of the claimants are similar in nature in fertility and situation."

5.

While the Ex.A.1 sale transaction took place on 26.11.1993, the notification in the present case was published in the year 1997; thus there is a time gap of more than three (3) years between Ex.A.1 and the acquisition of the lands in the present case. The value under Ex.A.1 would work out to Rs.50,000/- per acre. Even if 7.5% escalation is allowed per year, the market value of the acquired land would not be less than Rs.60,000/- per acre as on the date of notification under Section 4(1) of the Act. Therefore, we are of the opinion that the market value fixed by the reference Court is reasonable and rational and the same does not warrant our interference in this appeal.

6.

For the aforementioned reasons, we do not find any merit in the appeal, and the same is, accordingly, dismissed. _________________________ C.V.NAGARJUNA REDDY, J ______________________ D.V.S.S.SOMAYAJULU, J Date: 26.04.2018 KLP