HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI A.S.Nos.1881 AND 2098 OF 1999 Dt.30.6.2010 A.S.NO.1881 OF 1999 Between:
Sangamma W/o.Gundappa and others ..Appellants And Government of A.P., through Special Deputy Collector, Addl. L.A. Unit-I, Singoor Project, Sangareddy.
..Respondent A.S.NO.2098 OF 1999 Between:
Ramaiah s/o.Siddappa and others ..Appellants And Government of A.P., through Special Deputy Collector, Addl. L.A. Unit-I, Singoor Project, Sangareddy.
..Respondent HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE NOUSHAD ALI A.S.Nos.1881 AND 2098 OF 1999 COMMON JUDGMENT: (Per Sri Justice V.Eswaraiah) Appellants in both the appeals are claimants in O.P.Nos.58 and 73 of 1990 respectively on the file of the Senior Civil Judge, Sangareddy, Medak District. The lands of the appellants situated in Shikar Khana village were acquired for the purpose of Singoor Project, which were submerged. Pursuant to the draft notification issued under Section 4(1) of the Land Acquisition Act (for short, the Act) on 22.7.1987, the Land Acquisition Officer passed award on 22.12.1989 fixing the market value at the rate of Rs.6,500/- per acre, whereas the claimants claimed Rs.25,000/- per acre. The matter was referred to the Reference Court under Section 18 of the Act.
Common evidence was adduced in both the aforesaid O.Ps., and the 3rd claimant in O.P.No.58 of 1990 was examined as P.W.1 and marked exhibits A-1 to A-8. It is stated that they have objected for the compensation awarded by the Land Acquisition Officer at Rs.6,500/- per acre claiming compensation at the rate of Rs.25,000/- per acre. Admittedly, the acquired lands are black cotton lands and they used to raise black gram, green gram, red gram, Bengal gram, mirchi, jawar and used to get income of Rs.8000/- and it is double crop land. The land in adjacent villages, namely, Kara Mungi, Shahpur, Morgi, Badalgao, Pulkurthy, Bellapur and Hammerabad were also acquired for Singoor project and those lands were also similar to that of the acquired land and the compensation was paid at Rs.16,500/- per acre and Exs.A-2 to A-7 were the award proceedings granting compensation at the rate of Rs.16,500/- per acre. Ex.A-1 is the map issued by the Land Acquisition Officer, Singoor project showing the lands acquired in different villages coming under submergence. Ex.A-2 is the copy of the award proceedings pertaining to Karamungi village. Ex.A-3 is the award proceedings relating to Shapur village. Ex.A-4 is the copy of award proceedings relating to Morgi village. Ex.A-5 is the copy of the award proceedings pertaining to Badalgaon village. Ex.A-6 is the copy of the award proceedings relating to Pulkurthy village. Ex.A-7 is the copy of the award proceedings relating to Ameerabad village and Ex.A-8 is the certificate issued by the Agriculture Market Committee, Bidar.
P.W.2 resident of Karamungi village stated that the Land Acquisition Officer fixed market value of their acquired lands at the rate of Rs.16.500/- per acre. Ex.A-2 is the certified copy of the award proceedings dated 4.10.1989.
P.W.3 resident of Beloor village stated that his lands in Sy.Nos.16, 17 and 18 were acquired for the said project and the Land Acquisition Officer has awarded compensation at the rate of Rs.5,000/- per acre and on protest the matter was referred to the Reference Court in O.P.No.392 of 1990 and the Reference Court awarded compensation at Rs.16,500/- per acre, which was also confirmed in appeal in A.S.No.3397 of 1992, which was marked as Ex.A-9.
Heard both the learned counsel.
Learned Government Pleader for Land Acquisition fairly submits that in respect of almost all the lands acquired for Singoor project pertaining to the villages of the petitioners the compensation was paid at the rate of Rs.16,500/- either by the Reference Court or by this Court on appeal. However, in these two appeals the Reference Court awarded compensation at Rs.8,000/- per acre, but the appellants have paid court fee restricting claim for Rs.14,000/- only. Therefore, it is stated that the claim of the appellants claiming compensation at Rs.14,000/- is just and reasonable.
`We are of the opinion that when the lands acquired for the same purpose and the lands of the appellants are also black cotton lands and as per the oral evidence the claimants used to raise commercial crops, we do not see any justification in distinguishing the awards passed in respect of the abutting and neighbouring villages covered under Exs.A-2 to A-7.
Having regard to the facts and circumstances of the case, both the appeals are allowed in part enhancing the compensation from Rs.8,000/- to Rs.14,000/- per acre. Accordingly, the claimants are entitled to compensation at the rate of Rs.14,000/- per acre. The claimants are also entitled for all other statutory benefits on the enhanced quantum of compensation. No order as to costs.
V.ESWARAIAH, J.
NOUSHAD ALI, J. 30.6.2010 kpr