HON’BLE SRI JUSTICE G. CHANDRAIAH AND HON’BLE SRI JUSTICE M.S.K. JAISWAL L.A.A.S. Nos. 70, 119, 165, 166, 170, 203, 229, 230, 457, 1127, 1165, 1050 of 2011, 4, 5 and 120 of 2012 DATE: 03.12.2014 L.A.A.S.No.70 of 2011:-
Between:
The Special Deputy Collector .. Appellant and K. Pedda Ramaiah .. Respondent/ claimant L.A.A.S.No.119 of 2011:-
Between:
Special Deputy Collector .. Appellant and B.C. Janardhan Reddy .. Respondent/ Claimant L.A.A.S.No. 165 of 2011:-
Between:
Special Deputy Collector .. Appellant and G. Nagaraju .. Respondent/ Claimant L.A.A.S.No. 166 of 2011:-
Between:
Special Deputy Collector .. Appellant and P. Bala Subbarayudu .. Respondent/ Claimant L.A.A.S.No. 170 of 2011:-
Between:
Special Deputy Collector .. Appellant and T. Abdul Razak .. Respondent/ Claimant L.A.A.S.No. 203 of 2011:-
Between:
Special Deputy Collector .. Appellant and E. Chennappa .. Respondent/ Claimant L.A.A.S.No. 229 of 2011:-
Between:
Special Deputy Collector .. Appellant and D. Ghouse Mohiddin .. Respondent/ Claimant L.A.A.S.No. 230 of 2011:-
Between:
Special Deputy Collector .. Appellant and N. Ramakrishna .. Respondent/ Claimant L.A.A.S.No. 457 of 2011:-
Between:
Special Deputy Collector .. Appellant and Pendekanti Balaji .. Respondent/ Claimant L.A.A.S.No. 1127 of 2011:-
Between:
Special Deputy Collector .. Appellant and Yerranagu Naga Lakshmamma .. Respondent/ Claimant L.A.A.S.No. 1165 of 2011:-
Between:
Special Deputy Collector .. Appellant and Smt. Nurjaha Bee .. Respondent/ Claimant L.A.A.S.No. 1050 of 2011:-
Between:
Special Deputy Collector .. Appellant and Syed Sajjad Hussain .. Respondent/ Claimant L.A.A.S.No. 4 of 2012:-
Between:
Special Deputy Collector .. Appellant and B. Khaja Hussain .. Respondent/ Claimant L.A.A.S.No. 5 of 2012:-
Between:
Special Deputy Collector .. Appellant and Syed Abeed Hussain .. Respondent/ Claimant L.A.A.S.No. 120 of 2012:-
Between:
Special Deputy Collector .. Appellant and Kumaraswamy Krishnamurthy (died) and 7 others .. Respondents/ Claimant COMMON JUDGMENT:- (Per Hon’ble Sri Justice G. Chandraiah) Inasmuch as the question of fact and law involved in these ten appeals is one and the same, they are taken up together for disposal by this common judgment.
These appeals are filed against the Common Order dated 02.12.2009 passed in O.P.No. 613 of 2008 and batch on the file of the Principal Senior Civil Judge, Nandyal.
The admitted facts of the case are that the Land Acquisition Officer-cum-Special Deputy Collector, SRBC Banaganapalle had acquired an extent of Ac.15.64 cents of land belonging to the claimants in various survey numbers situated in Bhanumukkala village, Banaganapalle Mandal for the purpose of excavation of IR, 3L and 4R minor canals of Block-X Major by issuing Notification dated 12.03.1999 under Section 4(1) of the Land Acquisition Act, 1894 (for brevity “the Act”) and fixed the market value at Rs.38,000/- per acre. Being not satisfied with the quantum of compensation, the respondents-claimants, while seeking reference under Section 18 of the Act, filed their claim statements for enhancement of the compensation. On such reference, the Land Acquisition Officer preferred several Original Petitions before the Principal Senior Civil Judge, Nandyal, and the learned Judge, after examining the evidence both oral and documentary, by Common Order dated 02.12.2009 in O.P.No.613 of 2008 and batch, while taking into consideration Ex.B8 – certified copy of the common judgment delivered by this Court in A.S.No.2193 of 1998 and batch in respect of acquisition of Ac.23.48 cents of land in Bhanumukkala village, fixed the market value at Rs.2,76,000/- per acre. Challenging the Common Order dated 02.12.2009, the Special Deputy Collector (Land Acquisition) has filed the present appeals.
When these matters are taken up for hearing, the learned Government Pleader for Appeals appearing for the appellant – Special Deputy Collector and the learned counsel for the respondents-claimants have submitted that similar batch of appeals were disposed of by a Division Bench of this Court vide Common Judgment dated 16.04.2014 in L.A.A.S.No. 71 of 2008 and batch and the present appeals are squarely covered by that judgment, as such, these appeals may be disposed of in terms thereof.
The Common Judgment dated 16.04.2014 in L.A.A.S.No.71 of 2008 and batch reveals that the appeals preferred by the Special Deputy Collector(L.A), SRBC, Banaganapalle against the order dated 06.09.2007 passed in O.P.No. 197 of 2003 and batch in respect of the land admeasuring Ac.29.17 cents in various survey numbers situated in Bhanumukkala village, Banaganapalle Mandal in Kurnool District which was acquired for the purpose of excavation of major distributory of Block No.X of SRBC by issuing Notification dated 12.03.1999 under Section 4(1) of the Act, were dismissed with the following observations:
“It is not seriously disputed that the lands covered under the earlier orders in Exs.X1 and X2, which were acquired in 1992, are adjoining the lands in question. When the Land Acquisition Officer has fixed the compensation for the said lands at the rate of Rs.12,526/- per acre, it was enhanced to Rs.1,56,000/- per acre by reference Court, and when appeals were filed by the Government, this Court has partly allowed such appeals reducing the compensation to Rs.1,41,000/- per acre, which has also been confirmed by the Hon’ble Supreme Court. It is to be noted that all the documents other than Exs.X1 and X2 relate to smaller portions of land, as such, they do not reflect the correct market value as on the date of notification, so as to treat them as comparable sales for the purpose of arriving at compensation for the present lands. Hence, we are of the view that the reference Court has rightly taken into account the documentary evidence under Exs.X1 and X2. Further, in view of the increasing trend in land prices, time gap has to be taken into account and proportionate escalation has to be given. In the present case, notification under Section 4(1) of the Land Acquisition Act, 1894 was issued on 12.03.1999, whereas, the lands under Exs.X1 and X2 were acquired in the year 1992. Therefore, in view of the time gap of about more than 7 years between both the acquisitions, and as the lands in question are in a developed area, we are of the view that the reference Court has rightly given escalation of 10% per annum in land value as has been approved by this Court and the Hon’ble Supreme Court in several cases, and fixed the compensation for the lands in question at the rate of Rs.2,53,000/- per acre.
Coming to the submission made by the learned Government Pleader that the reference Court ought not to have granted severance charges, a perusal of the plan under Ex.C2 makes it clear that canal is passing through the lands of respondents-claimants and there are leftover portions of land on the other side of canal. It is clear from the evidence that after acquisition, canal of 8 Ft. depth was dug and on both sides, bunds with height of 6 Ft. have been constructed, due to which, respondents-claimants have lost access to the left over portions of lands which are on the other side of canal. Hence, it cannot be said that they have not suffered any damages on account of severance. It is to be noted that in view of acquisition, to reach the leftover portions of land on the other side of canal, respondents-claimants have to travel a lot of distance for agricultural operations, by incurring additional expenditure towards transportation. Taking the same into consideration, the reference Court has rightly awarded severance charges.
For the aforesaid reasons, we do not find any valid grounds to interfere with the impugned order. All the appeals are accordingly dismissed. As a sequel, miscellaneous applications if any pending, shall stand closed. No order as to costs.”
We have carefully perused the Common Order under appeal and noticed that the petition schedule lands belonging to the claimants herein in various survey numbers situated in Bhanumukkala village, Banaganapalle Mandal for the purpose of excavation of IR, 3L and 4R minor canals of Block-X Major, were acquired after Notification dated 12.03.1999 under Section 4(1) of the Act was issued, and in respect of certain lands covered under the same Notification, this Court had already adjudicated the matter as referred to above and the subject matter of the present appeals is also squarely covered by the Common Judgment dated 16.04.2014 in L.A.A.S.No. 71 of 2008 and batch.
In view of the submission made by the learned counsel for both the parties and following the Common Judgment dated 16.04.2014 in L.A.A.S.No. 71 of 2008 and batch, we are inclined to dismiss the present appeals.
Accordingly, the Land Acquisition Appeals are dismissed in terms of the Common Judgment dated 16.04.2014. No order as to costs.
As a sequel to the dismissal of the appeals, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.
G. CHANDRAIAH, J 03.12.2014 M.S.K. JAISWAL, J bcj