IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN PRESENT THE HONOURABLE SRI JUSTICE G.CHANDRAIAH AND THE HONOURABLE SRI JUSTICE M.S.K. JAISWAL L.A.A.S. No.321 of 2012 Between:
Lyshetti Rajaiah And Land Acquisition Officer and Mandal Revenue Officer, Malhar Rao Mandal, Karimnagar District.
… Appellant … Respondent/Referring Officer.
THE HONOURABLE SRI JUSTICE G.CHANDRAIAH AND THE HONOURABLE SRI JUSTICE M.S.K. JAISWAL LAAS. No.321 of 2012 JUDGMENT: (Per Hon’ble GC, J) This appeal has been filed by the claimant aggrieved by the order dated 06.03.2003 passed in O.P. No.37 of 2001 by the Senior Civil Judge, Manthani.
Brief facts of the case are that the respondent herein by publishing the notification under Section 4(1) of the Land Acquisition Act, 1894 (for short “the Act”) on 04.03.1999 acquired the land in an extent of Acs.7.25 guntas out of Survey No.997/B & C, situated at Thadicherla village for the purpose of providing house sites to the weaker sections for which, the Land Acquisition Officer awarded an amount of Rs.7,000/- per acre towards compensation.
On reference, the learned Senior Civil Judge, without enhancing any compensation confirmed the Land Acquisition Officer’s award. Assailing the same, the claimant preferred the present appeal.
During the course of hearing, the learned counsel appearing for the appellant/claimant brought to the notice of this Court that the claimant placed reliance on Ex.A-1, copy of judgment passed by the Division Bench of this Court in A.S. No.726 of 1989, wherein the land situated in the same village was acquired for the purpose of providing house sites to the weaker section for which, the Land Acquisition Officer fixed compensation at Rs.10,000/- per acre and on reference the reference Court enhanced the same to Rs.18,000/- per acre and in an appeal in A.S. No.726 of 1989, while allowing the appeal, the Division Bench of this Court further enhanced the compensation to Rs.32,000/- per acre. Therefore, the learned counsel submitted that following the said order, this appeal may be allowed.
As could be seen, the reference Court held in the impugned order that Ex.A-1 cannot be taken as a guide to determine the value of the land in question on the ground that the land acquired is a large extent and the sale transaction of small extents of lands cannot be taken into consideration for assessing the market value of large extent of land.
It is not in dispute that the land acquired in the present case is in the same village and the purpose is also very same covered under the judgment Ex.A-
1. Further, in the circumstances, since the similar appeal earlier filed by another claimant, referred to above Ex.A-1, was already allowed enhancing the compensation to Rs.32,000/-, following the judgment dated 09.07.1998 passed in A.S. No.726 of 1989, Ex.A-1, this appeal is also liable to be allowed.
Accordingly, this appeal is allowed and the compensation awarded under the impugned order is enhanced from Rs.7,000/- per acre to 32,000/- per acre. The appellant is entitled to statutory benefits.
As a sequel, miscellaneous petitions, if any, are closed. There shall be no order as to costs.
JUSTICE G.CHANDRAIAH JUSTICE M.S.K. JAISWAL Date: 15.10.2014 LSK