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.759 of 2010 Between:
The Special Deputy Collector, The Land Acquisition Officer, SRSP, Pochampad, Nizamabad District.
And Naga Rao and others.
… Appellant/Referring Officer … Respondents THE HONOURABLE SRI JUSTICE G.CHANDRAIAH AND THE HONOURABLE SRI JUSTICE M.S.K. JAISWAL L.A.A.S. No.759 of 2010 JUDGMENT: (Per Hon’ble GC, J) This appeal has been filed by the State aggrieved by the judgment dated 09.03.2009 passed in O.P. No.28 of 2003 by the Senior Civil Judge, Nirmal.
The brief facts of the case are that the State of A.P., issued draft notification under Section 4(1) of the Land Acquisition Act, 1894 (for short “the Act”) and published in the Gazette No.81 & 82 dated 22.09.1998 and 23.09.1998, respectively and substance of the draft notification was published in the village on 14.10.1998 for total land measuring Acs.113.33 guntas, out of which, acquired area Acs.104.37½ guntas, all situated at Mogli Village, Tanoor Mandal, Adilabad District for the purpose of silt arresting tank across local stream near Mogli village. The Land Acquisition Officer, under his award dated 15.03.2001 awarded compensation at Rs.18,000/- per acre.
On reference under Section 18 of the Act, the learned Senior Civil Judge, Nirmal, vide impugned judgment dated 09.03.2009 enhanced the compensation of the acquired land to Rs.52,000/- per acre following the earlier order passed in O.P. No.25 of 2003 dated 12.12.2006, which was marked as Ex.A-4 in the O.P. No.28 of 2003. Aggrieved by the same, the present appeal has been filed by the State.
During the course of hearing, the learned counsel for the respondents brought to the notice of this Court that the Division Bench of this Court dismissed the appeal in LAAS. No.441 of 2008, which was preferred by the State against the O.P. No.25 of 2003, vide order dated 23.09.2013. Therefore, he requested that following the said order, this appeal may also be dismissed.
In the circumstances, since the similar appeal earlier filed by the State, referred to above, was already dismissed, we do not find any merit in the present appeal and the same is liable to be dismissed following the judgment dated 23.09.2013 passed in LAAS. No.441 of 2008.
Accordingly, this appeal is dismissed. 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