HON'BLE SRI JUSTICE G.CHANDRAIAH & HON’BLE SRI JUSTICE M.S.K. JAISWAL L.A.A.S. No. 157 of 2014 DATE: 18.06.2014 Between:-
The Land Acquisition Officer-cum-
Sub-Collector ..
Appellant/ Referring Officer and Gurijala Veerabhadra Rao ..
Respondent-
Claimant JUDGMENT:- (per Hon’ble Sri Justice G. Chandraiah) This appeal under Section 54 of the Land Acquisition Act, 1894 (for brevity “the Act”) is directed against the order dated 27.07.2011 passed in L.A.O.P.No. 69 of 2008 by the learned Senior Civil Judge, Nandigama.
The brief facts of the case are that the Government of Andhra Pradesh, with an intention to provide house- sites to the weaker sections under Indira Prabha Programme, issued preliminary Notification under Section 4(1) of the Act proposing to acquire an extent of Ac.3.30 cents of land belonging to the claimant in R.S.No. 356/2A situated in Nawabpet village and the Sub-Collector, Vijayawada also approved the declaration under Section 6 of the Act, and inspected the land in question and fixed the land value at Rs.1,71,000/- per acre. Subsequently, notice under Sections 9(3) and 10 of the Act requesting the claimant to appear before the Sub-Collector, Vijayawada on 15.12.2007 for Award enquiry, was served on him, but as the claimant did not attend the award enquiry, the Land Acquisition Officer, on 01.03.2008, passed a draft Award No.23 of 2008 and referred the matter to the Court of the Senior Civil Judge, Nandigama under Section 31(2) of the Act by depositing an amount of Rs.4,51,440/- equivalent to 80% of the compensation. Being aggrieved by the Award dated 01.03.2008, the claimant filed L.A.O.P.No.69 of 2008 before the Court of the Senior Civil Judge, Nandigama stating that he did not receive any notice from the Land Acquisition Officer for the award enquiry and is not aware of the proceedings, as such, he could not attend the Award enquiry. He further contended before the trial Court that on the same day, the Referring Officer passed Award No.23(a) of 2008 in respect of the land in R.S.No. 356/1A and 1B of Nawabpet village by fixing the market value at the rate of Rs.4,25,000/- per acre. The lands acquired by the Government are situated in the same survey numbers, as such, he gave a statement to the Referring Officer claiming compensation at Rs.5,50,000/- per acre as his land is fit for residential and commercial purposes but the Referring Officer did not consider his request. The trial Court, by the impugned order, declared the claimant as real owner and observed that he is entitled to receive the compensation amount deposited by the Land Acquisition Officer into the Court without prejudice to his right of seeking re-determination of the value of the acquired land and the claimant may approach the Land Acquisition Officer for re-determination under the provisions of Negotiation Rules, and on such application being made, the Land Acquisition Officer shall dispose of the same within six months. Challenging the order of the trial Court, the Referring Officer has preferred the present appeal.
The learned Government Pleader for Appeals appearing for the appellant submits that the trial Court erred in observing that the claimant is entitled to approach the Land Acquisition Officer for re-determination of the market value of the acquired land under the provisions of Negotiation Rules. On this aspect, he submits that once an Award is passed under Section 12 of the Act, it becomes final. If, for any reason, the award passed by the Land Acquisition Officer is not acceptable to the claimant, it is always open for him to make an application under Section 18 of the Act to the Collector requiring that the matter be referred to the Court for re-determination of the compensation by considering any objections that may be raised, be it measurement of the land, amount of the compensation to whom it is payable, or apportionment of the compensation among the persons interested, and the Land Acquisition Officer has no jurisdiction whatsoever to re-determine the value of the land.
On the other hand, the learned counsel for the respondent-claimant submits that as held by the trial Court, the claimant may be permitted to withdraw the deposited amount without prejudice to his right of seeking re-determination of the value of his land acquired by the Government.
Heard the learned Government Pleader for Appeals and the learned counsel for the respondent-claimant and perused the material placed on record.
Having regard to the submissions made by the learned counsel for both the parties, we do not feel it necessary to go into the merits of the case, but suffice to see that whether the order and decree dated 27.07.2011 is valid and sustainable specifically on the observation made by the trial Court regarding entitlement of the claimant to approach the Land Acquisition Officer for re- determination of the market value of the acquired land under the provisions of the Negotiation Rules.
Even though the trial Court permitted the claimant to approach the Land Acquisition Officer by filing an application seeking re-determination of the market value of his land under the provisions of Negotiation Rules, the learned Government Pleader for Appeals has not placed before us any such Negotiation Rules as referred to by the trial Court empowering the Land Acquisition Officer to re-determine the value of the acquired land, however as contended by the learned Government Pleader that the provision laid down under Section 18 of the Act empowers the claimant to approach the Collector by written application seeking reference of the matter to the Court for re-determination of the compensation, we are inclined to dispose of the appeal by modifying the result portion of the impugned order to the following extent:
“It is declared that the claimant is the real owner of the land in question and entitled to receive compensation amount deposited in the trial Court without prejudice to his right of seeking re- determination of the value of the acquired land, and for that purpose, the claimant is entitled to make an application to the Collector under Section 18 of the Act requiring that the matter be referred for re- determination of the value of the acquired land by the Court. In the event of such application being made, the Land Acquisition Officer-cum-Sub- Collector is directed to consider the same and pass appropriate orders by referring the matter to the Court for re-determination of the compensation, in accordance with law, within a period of two months from the date of receipt of a copy of this order.”
In terms of the above observation, this appeal is disposed of. No order as to costs.
As a sequel to the disposal of the Land Acquisition Appeal, miscellaneous petitions, if any pending, shall stand disposed of as infructuous.
G. CHANDRAIAH, J 18.06.2014 bcj M.S.K. JAISWAL, J