THE HON'BLE SRI JUSTICE G. CHANDRAIAH AND HON'BLE SRI JUSTICE M.S.K. JAISWAL LAAS Nos.401, 402, 470, 529, 536, 539, 541, 545, 546, 547, 556, 557, 572 & 693 OF 2010 LAAS Nos.156, 172, 282, 360, 978, 981, 983, 984, 1005, 1006, 1007, 1012, 1013, 1014, 1016, 1026, 1030, 1031, 1032, 1034, 1035, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1048, 1054, 1055, 1077, 1078, 1089, 1092, 1099, 1105, 1106, 1107, 1117, 1118, 1119, 1120, 1121, 1131, 1164 & 1168 OF 2011 LAAS Nos.9, 10, 11, 16, 21, 22, 23, 33, 34, 35, 42, 78, 79, 80, 96, 117, 118, 121, 125, 126, 188, 238, 249, 261, 262, 263, 272, 314 & 537 OF 2012 AND LAAS No.291 OF 2013.
DATED: 07.07.2014 In LAAS No.401 of 2010:
Between The Special Deputy Collector, LA & Reh., SSP, Kurnool. .. Appellant And A. Buddanna, S/o. Chinna Ramanna, aged about 63 years, Gorukallu (V), Pandyam (M), Kurnool District. … Respondent THE HON'BLE SRI JUSTICE G. CHANDRAIAH AND HON'BLE SRI JUSTICE M.S.K. JAISWAL LAAS Nos.401, 402, 470, 529, 536, 539, 541, 545, 546, 547, 556, 557, 572 & 693 OF 2010 LAAS Nos.156, 172, 282, 360, 978, 981, 983, 984, 1005, 1006, 1007, 1012, 1013, 1014, 1016, 1026, 1030, 1031, 1032, 1034, 1035, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1048, 1054, 1055, 1077, 1078, 1089, 1092, 1099, 1105, 1106, 1107, 1117, 1118, 1119, 1120, 1121, 1131, 1164 & 1168 OF 2011 LAAS Nos.9, 10, 11, 16, 21, 22, 23, 33, 34, 35, 42, 78, 79, 80, 96, 117, 118, 121, 125, 126, 188, 238, 249, 261, 262, 263, 272, 314 & 537 OF 2012 AND LAAS No.291 OF 2013.
COMMON JUDGMENT:- (Per G. Chandraiah, J) All these batch of land acquisition appeals arise under the Land Acquisition Act, 1894 (for short, ‘the Act’). Different notifications under the Land Acquisition Act for the purpose of acquiring huge lands for formation of Gorukallu Balancing Reservoir have been issued by the Government.
Questioning the compensation awarded by the trial Court, a batch of land acquisition appeals have been earlier filed. A Division Bench of this Court by common judgment dated 21.11.2013 in LAAS Nos.1 of 2010 & batch has been disposed of by following certain similar matters.
Therefore, basing on the request made by the Government Pleader for Land Acquisition and the counsel appearing for the claimants, these matters have been listed today under the caption ‘For Orders’.
To see the similarity with the batch of cases adjudicated by a Division Bench of this Court in the judgment referred to above, the factual position in brief from the judgment of the said Division Bench has been looked into, which reads as under:
“By virtue of a Notification issued under Section 4(1) of the Land Acquisition Act, (for short ‘the Act’), published in Official Gazette on 30.05.2005, an extent of Ac.128-30 cents of land in various survey numbers of Gorakallu village, belonging to various claimants, was acquired for public purpose of formation o f Gorukallu Balancing Reservoir. Enquiry was conducted by the Land Acquisition Officer. The Land Acquisition Officer has categorized the land acquired under the said Notification into four categories.
Category No.I: Regd. Wet & Irrigated Dry lands irrigated with V e n g C h e r u v u (ChTeruvau n(Taknk) ) BuggaPnalea (Spring Chanel) (assured sources of irrigation).
Category No.II: Dry lands irrigated with own bore wells raising wet & ID crops by laying pipe lines and the bore wells.
Category No.III: Dry lands irrigated through bore wells belong to adjacent ryots raising wet & ID crops by laying pipe lines.
Category No.IV: Dry lands irrigated through rain fed crops.
After conducting due enquiry, the Land Acquisition Officer awarded compensation of Rs.70,000/- per acre for Category No.I lands, Rs.65,000/- per acre for Category No.II lands, Rs.60,000/- per acre for Category No.III lands and Rs.50,000/- per acre for Category No.IV lands. Not being satisfied with the award of compensation by the Land Acquisition Officer, they filed an application before the Collector to refer the case under Section 18 of the Act to a competent civil Court for determination of proper compensation.
The batch was taken on file. On behalf of the referring officer, PW1 was examined and Exs.A1 and A2 were got marked. On behalf of the claimants RWs.1 to 8 were examined, Exs.B1 to B5 and Exs.X1 to X4 were got marked.
Basing on the evidence available on record, the reference Court taking into consideration Ex.B1 to Ex.B5, for the purpose of determination of the proper market value enhanced the amount from Rs.70,000/- to Rs.1,90,000/- for Category No.I lands, Rs.65,000/- to Rs.1,80,000/- for Category No.II lands, Rs.60,000/- to Rs.1,70,000/- for Category No.III lands and Rs.50,000/- to Rs.1,50,000/- for Category No.IV lands. Aggrieved by the same, the Government preferred the present Appeal.”
The contention of the Government was that the Land Acquisition Officer personally inspected the land and taking into consideration the classification of lands as per the revenue records, has rightly fixed the compensation and the enhancement is without any basis; that the maximum escalation of price for one year can be taken as 10% in view of the fact that the lands acquired are agricultural lands and therefore, he prays to estimate the compensation by taking 10% escalation for one year basing on Ex.B1 and Ex.B5 sale deeds.
The contention on behalf of the respondents/ claimants that the lands in question are very valuable and fertile lands. As a matter of fact, no land is available as the entire lands in the village have been acquired and the lands were submerged because of the formation of Gorakallu Balancing Reservoir and that the trial Court has rightly taken into consideration Exs.B1 to B5 for the purpose of determining the proper compensation and in view of the judgment rendered in Om
[1]
Prakash (dead) by LR.s and others v. Union of India and another ,
the trial Court has taken 12% escalation of price for each year and t h e r e f o r e , e v e n i f t h e consideration, the value fixed by the reference Court is just and reasonable and therefore, the impugned order in the appeals needs no interference by this Court.
Considering the decision cited by the learned counsel and also taken into consideration various decisions rendered by the Apex Court, a Division Bench of this Court disposed of LAAS No.1 of 2010 & batch by common judgment dated 21.11.2013 as under :
“11. Therefore, since the lands under Ex.B1 are the agricultural lands, we apply escalation of 10% increase per year to the lands in question. If that is taken into consideration, the proper compensation would be Rs.1,69,000/- per acre, which is rounded off to Rs.1,70,000/- Therefore, we reduce the compensation for Category No.I lands from Rs.1,90,000/- to Rs.1,70,000/- per acre and for Category No.II lands from Rs.1,80,000/- to Rs.1,70,000/-p e r a c r e , w h i l e c o n f i r m i n g Categories III and IV lands as awarded by the reference Court.
12. With the above modification, reducing the percentage o f e s c a l a t i o n o f p r i c e s f r acquisition appeals are partly allowed to the extent indicated above.
No order as to costs. Miscellaneous petitions, if any, pending in this Land Acquisition Appeal Suits shall stand closed.”
As far as LAAS No.401 of 2010 which is among one of the batch matters listed today under the caption ‘For Orders’ is concerned, the notification under Section 4 (1) was issued on 30.05.2005 and possession of the land was taken on 12.9.2005 and the purpose of which land was taken for formation of Gorukallu Balancing Reservoir and Award No.4/2005 was passed on 30.06.2005 in O.P.No.812 of 2007 on the file of Principal Senior Civil Judge, Nandyal.
In view of the above factual and legal background, the learned Government Pleader for Land Acquisition and the learned counsel appearing for the claimants have suggested that the batch of land acquisition appeals are covered by an earlier Division Bench Judgment of this Court in LAAS No.1 of 2010 & batch, dated 21.11.2013.
Hence, following the same, LAAS No.401 of 2010 & batch are partly allowed as under:
In view of the facts and circumstances of the appeals, the lands under Ex.B1 are agricultural lands, we apply escalation of 10% increase per year to the lands in question. If that is taken into consideration, the proper compensation would be Rs.1,69,000/- per acre, which is rounded off to Rs.1,70,000/- Therefore, we reduce the compensation for Category No.I lands from Rs.1,90,000/- to Rs.1,70,000/- per acre and for Category No.II lands from Rs.1,80,000/- to Rs.1,70,000/- p e r a c c o n f i r m i n g t h e c Co atemgorpieseIIInansd IaV lands as awarded by the reference Court.
With the above modification, reducing the percentage o e s c a l a t i o n o f p r i c e s acfquirsition appeals are partly allowed to the extent indicated above, by following the judgment of a Division Bench of this Court in LAAS No.1 of 2010 & batch, dated 21.11.2013. No order as to costs. Miscellaneous petitions, if any, pending in this Land Acquisition Appeal Suits shall stand closed.
Justice G. Chandraiah Justice M.S.K. Jaiswal Dt. 07.07.2014 gbs
[1] (2004) 4 SCC 627