Karnekanti Sammi Reddy, Warangal Dist And 24 Others v. State Oa A.P., Rep By Spl Dep Collector, Warangal And 7 Others

THE HON'BLE JUSTICE G. SRI DEVI AND THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI L.A.A.S.No.143 of 2011 JUDGMENT: (Per Hon'ble Justice G. Sridevi) This appeal is filed under Section 54 of the Land Acquisition Act, 1894 (for short "the Act") by the claimants aggrieved by the judgment and decree dated 29.10.2004 made in O.P.No.70 of 1998 on the file of the Principal Senior Civil Judge, Warangal.

2.

Brief facts of the case are that the lands of the claimants, situated at Challagarige Village, were acquired by the Government for the purpose of excavation of Kakatiya Canal by issuing draft notification under Section 4 (1) of the Act followed by draft declaration under Section 6 of the Act. After due enquiry, the LAO passed an award on 09.06.1996 by fixing the market value of the acquired land at Rs.24,000/- per acre. Seeking enhancement of market value of the acquired land, the claimants sought for reference under Section 18 of the Act. The reference Court enhanced the market value of the acquired land to Rs.26,000/- per acre. Aggrieved by the same, the claimants have preferred this appeal seeking further enhancement.

3.

Heard learned counsel for the claimants and Sri D. Kiran, learned Assistant Government Pleader for Appeals for the respondent. Perused the material available on record. 4.

Learned counsel for the claimants has contended that as the acquired lands are fertile lands and fit for cultivation of commercial crops, the reference Court ought to have fixed the compensation at Rs.60,000/- per acre. Basing on Ex.A1, the earlier acquisition proceedings, the learned counsel contends that the reference Court ought to have fixed the market value atleast Rs.45,000/- per acre inasmuch as both the lands were acquired for the same purpose.

5.

The learned Assistant Government Pleader has contended that basing on the evidence adduced by the claimants, the reference Court has rightly enhanced the market value from Rs.24,000/- to Rs.26,000/- per acre, which needs no interference by this Court.

6.

According to the claimants, the acquired lands are fertile and at the time of acquisition they were fetching Rs.1,50,000/- per acre and that they used to raise commercial crops and used to get an income of Rs.20,000/- per acre per annum. However,

to support their claim that the reference Court ought to have fixed the market value atleast Rs.45,000/- per acre, they have relied on Ex.A1, earlier acquisition proceedings in O.P.No.109 of 1999 pertaining to Musniparthy village, which is adjacent to Challagarige village. Even the claimants have examined P.W.3, who is the claimant in O.P.No.109 of 1999. According to P.W.3, as against the fixation of market value at Rs.24,000/- by the Land Acquisition Officer, on reference, the reference Court in O.P.No.109 of 1999, has enhanced the market value to Rs.45,000/- per acre. He further deposed that the lands covered by Ex.A1 and the present acquired lands are situated at a distance of 3 kms., and that the nature and fertility of both the lands are similar in nature. The evidence of P.W.3 has not been disputed by the L.A.O.

Although the claimants have established that the acquired lands and the lands covered by Ex.A1 are situated within a distance of 3 kms., the reference Court has erroneously discarded Ex.A1 in fixing the market value of the acquired land. When it is established by the claimants that the acquired lands and the lands covered by Ex.A1 are situated within 3 kms.

on Ex.A1 for fixing the market value of the acquired land. Therefore, this Court is inclined to fix the market value of the acquired land at Rs.45,000/- per acre basing on Ex.A1. 7.

In the result, the appeal is allowed in part and the market value of the acquired land is enhanced from Rs.26,000/- to Rs.45,000/- per acre. The claimants are entitled for the statutory benefits like Additional amount, solatium and interest as per law. There shall be no order as to costs. Miscellaneous petitions, if any pending, shall stand closed.

_______________ G. SRI DEVI, J _____________________________ SMT. M.G.PRIYADARSINI, J 22.09.2022 gkv/tsr

THE HON'BLE JUSTICE G. SRI DEVI AND THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI L.A.A.S.No. 143 of 2011 DATE:22-09-2022