Special Deputy Collector, Hyd v. Dr. Abhimanyu Singh, Hyd And Another

THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER AND THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA L.A.A.S.Nos.92, 93, 94, 95, 103 OF 2015, 101 OF 2016, 576, 577, 581, 588 OF 2017 COMMON JUDGMENT: (Per Hon'ble Dr.SA,J) Since the facts and issues involved in these cases are identical, the Appeals are being disposed of by way of this common judgment.

2.

LAAS Nos.92, 93, 94, 95, 103 of 2015, under Section 54 of the Land Acquisition Act, 1894 (for short, 'the Act'), are filed by the Land Acquisition Officer and Special Deputy Collector (Land Acquisition), Outer Ring Road Project, Hyderabad, aggrieved by the orders, dated 31.12.2014, passed in LAOP Nos.318 of 2008, 49 of 2013, 319 of 2008, 317 of 2008, 320 of 2008 by the learned Principal Senior Civil Judge, Ranga Reddy District at L.B. Nagar. LAAS No.101 of 2016 is filed by the Land Acquisition Officer and Special Deputy Collector (Land Acquisition), Outer Ring Road Project, Hyderabad, aggrieved by the order, dated 06.04.2014, passed in LAOP No.779 of 2008 by the I Additional District Judge, Ranga Reddy District at L.B. Nagar. LAAS Nos.576, 577, 581

and 588 of 2017 are filed by the Special Deputy Collector (Land Acquisition), Outer Ring Road Project, Hyderabad, aggrieved by the common order, dated 18.12.2015, passed in LAOP No.27 of 2009, 24 of 2011, 324 of 2008 and 325 of 2008 respectively by the learned I Additional Senior Civil Judge, Ranga Reddy District at L.B. Nagar.

3.

The subject lands of the claimants were acquired by the Government for the purpose of construction of Trumpet interchange on NH7 connecting with Outer Ring Road and International Airport, Shamshabad by issuing draft notification under Section 4(1) of the Act on 24.05.2006 followed by draft declaration. After due enquiry, the Land Acquisition Officer has passed an award on 24.11.2007 fixing the market value of the acquired land at Rs.1,200/- per square yard. Not satisfied with the compensation determined by the Land Acquisition Officer, the claimants filed protest petition and sought reference under Section 18 of the Act seeking enhancement of compensation. The reference Court, vide impugned orders has enhanced the market value of the acquired land from Rs.1,200/- to Rs.10,500/- per square

yard. Aggrieved by the same, the present appeals are filed by the Land Acquisition Officer.

4.

Heard the learned counsel for both sides and perused the record.

5.

It is brought to the notice of this Court that the lands adjoining to the lands covered in the subject O.Ps. were also acquired by the same notification and vide subject Award dated 24.11.2007, the market value was fixed at Rs.1,200/- per square yard. Not satisfied with the compensation determined by the Land Acquisition Officer, the claimants therein have preferred LAOP Nos.947, 946, 1325, 944, 1323, 942 and 943 of 2008 on the file of the Additional District Judge, L.B. Nagar, Ranga Reddy District (for short 'the reference Court'). The Reference Court after due enquiry was pleased to enhance the compensation from Rs.1,200/- per square yard to Rs.10,500/- per square yard. Aggrieved by the enhancement of compensation, the Land Acquisition Officer preferred LAAS Nos.640 of 2013, 1, 2, 3, 41, 46 and 54 of 2014 before this Court raising several contentions. This Court after examining all the contentions raised by both sides was pleased to confirm the market value fixed by the

Reference Court i.e., Rs.10,500/- per square yard with all statutory benefits including the interest on solatium and enhanced/additional market value.

6.

As the subject lands are adjoining to the lands covered in LAAS Nos.640 of 2013, 1, 2, 3, 41, 46 and 54 of 2014, the Award passed in respect of both the lands is one and the same, the market value fixed by the Land Acquisition Officer is also same and the purpose for which the acquisition made is also same, the present appeals are also liable to be dismissed in terms of the common judgment, dated 21.09.2022 passed by this Court in LAAS Nos.640 of 2013, 1, 2, 3, 41, 46 and 54 of 2014.

7.

Accordingly, these appeals are dismissed in terms of the common Judgment, dated 21.09.2022 passed by this Court in LAAS Nos.640 of 2013, 1, 2, 3, 41, 46 and 54 of 2014. Miscellaneous Petitions, if any, pending in these appeals shall stand closed. There shall be no order as to costs. ______________________ Dr. SHAMEEM AKTHER, J ______________________ NAGESH BHEEMAPAKA, J Date: 23.11.2022 ssp/psa