HON'BLE SRI JUSTICE G. CHANDRAIAH AND HON'BLE SRI JUSTICE M.S.K.JAISWAL LAAS Nos. 503 & 537 of 2010, LAAS Nos. 150, 581, 1079 & 1080 of 2011 LAAS Nos. 25, 38, 266, 304, 305 & 448 of 2012 LAAS Nos. 87, 188, 290 & 616 of 2013 And LAAS No. 115 of 2014 (Total 17 appeals) Dated: 11.09.2014 LAAS Nos. 503 of 2010 Between:
The Special Deputy Collector, LA & REH, SSP Kurnool, Kurnool district.
Vs.
Y. Chinna Hussaini … Appellant/Referring Officer.
… Respondent.
HON'BLE SRI JUSTICE G. CHANDRAIAH AND HON'BLE SRI JUSTICE M.S.K.JAISWAL LAAS Nos. 503 & 537 of 2010, LAAS Nos. 150, 581, 1079 & 1080 of 2011 LAAS Nos. 25, 38, 266, 304, 305 & 448 of 2012 LAAS Nos. 87, 188, 290 & 616 of 2013 And LAAS No. 115 of 2014 (Total 17 appeals) COMMON JUDGMENT: (Per Hon’ble Sri Justice G. Chandraiah) These appeal suits, arising under the provisions of the Land Acquisition Act (for short ‘the Act’), are preferred against the orders passed by the learned II Additional Senior Civil Judge, Nandyal in O.P.No.331 of 2006, dt. 25.03.2009; O.P.No.369 of 2006, dt.01.04.2009; O.P.No.390 of 2006 & Batch, dt.09.04.2009; O.P.No.217 of 2007 & Batch, dt. 08.04.2009; O.P.No.399 of 2007 and batch, dt.21.04.2009; O.P.No.886 of 2007, dt. 02.04.2011 and LAOP No.914 of 2007 & Batch, dt. 05.06.2009. As the factual aspects and the purpose of acquisition are one and the same, the appeals are heard together and are being disposed of by this common judgment.
2. The brief facts of the case are that by virtue of the acquisition, a large extent of land in various survey numbers of Gorakallu village, belonging to various claimants, was acquired for a common public purpose i.e., for the formation of Narasimha Sagar (Gorukallu Balancing Reservoir). After due enquiry, the Land Acquisition Officer has categorized the said lands into four categories, and 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 satisfied with the said award of compensation, the claimants sought reference under Section 18 of the Act to the Civil Court for determination of proper compensation. The Reference Court, after taking into consideration the entire material on record, passed the impugned order enhancing the compensation amount to Rs.1,90,000/- per acre for Category No.I lands, Rs.1,80,000/- per acre for Category No.II lands, Rs.1,70,000/- per acre for Category No. III lands, and Rs.1,50,000/- per acre for Category No.IV lands respectively. Challenging the said enhanced quantum of compensation by the Civil Court, the Government preferred the present appeals.
3. Heard the learned Government Pleader for Appeals and the learned counsel for the claimants and considered the material on record.
4. Both the learned counsel have submitted that the subject matter of the present appeals is covered by a common judgment of a Division Bench of this Court in LAAS No.1 of 2010 and Batch, dated 21.11.2013. By the said common judgment the Division Bench of this Court partly allowed the appeals filed by the Government and reduced 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/- per acre, but, however, confirmed the compensation awarded for Category Nos.III and IV lands, as awarded by the reference Court.
5. In view of the above and following the same, these appeals are disposed of in terms of the common judgment of this Court passed in LAAS No.1 of 2010 and Batch, dt. 21.11.2013. The miscellaneous petitions, if any, pending in the above appeals shall stand closed accordingly. No costs.
G. Chandraiah, J.
M.S.K. Jaiswal,J.
Dt.11.09.2014
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HON'BLE SRI JUSTICE G. CHANDRAIAH AND HON'BLE SRI JUSTICE M.S.K.JAISWAL LAAS Nos. 503 & 537 of 2010, LAAS Nos. 150, 581, 1079 & 1080 of 2011 LAAS Nos. 25, 38, 266, 304, 305 & 448 of 2012 LAAS Nos. 87, 188, 290 & 616 of 2013 And LAAS No. 115 of 2014 (Total 17 appeals) (Judgment of the Division Bench delivered by Hon’ble Sri Justice G. Chandraiah) Dated: 11.09.2014
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