Telangana High Court
K.Pochaiah 11 Others vs S.A.O.,Peddapalli on 23 September, 2022
Author: G. Sri Devi
Bench: G. Sri Devi
THE HON'BLE JUSTICE G. SRI DEVI
AND
THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI
A.S.No. 759 of 2000
JUDGMENT:(Per Hon'ble Justice G. Sridevi) This appeal is filed by the claimants seeking enhancement of market value fixed by the Subordinate Judge, Peddapalli (hereinafter referred to as "the reference Court") in O.P.No.30 of 1988 dated 30.03.1990. By the impugned order, the learned reference Court has enhanced the market value of the acquired land from Rs.10,300/- to Rs.15,000/- per acre and while maintaining the compensation in respect trees fixed by the L.A.O. has ordered that the claimants are entitled for the amount which was deducted by the L.A.O. for the acquired wells under the clause of depreciation.
2. Heard the learned Counsel for the claimant(s) and Sri D. Kiran, learned Assistant Government Pleader for Appeals appearing on behalf of the Land Acquisition Officer. Perused the material available on record. 2
GSD, J and MGP, J as_759_2000
3. On the requisition made by the Executive Director, Singareni Colleries Company Limited, Godavarikhani, the land of the claimants situated in various survey numbers of Pannur Village, Kamanpur Mandal, Karimnagar District, by issuing notification under Section 4 (1) of the Land Acquisition Act, 1894 (for short "the Act") on 27.04.1985 followed by draft declaration. After due enquiry, the Land Acquisition Officer has passed an award on 20.10.1987 fixing the market value of the acquired land at Rs.10,300/- per acre for dry land and Rs.15,027.30 paise and Rs.1,838.20 paise for two wells located in Sy.No.24/B and 24/D respectively, Rs.100/- per tapable toddy free; Rs.10/- per untapable toddy tree; Rs.80/- per tapable sendhi tree and Rs.8/- per untapable sendhi tree with all consequential benefits. Not satisfied with the compensation determined by the Land Acquisition Officer, the claimant(s) sought reference under Section 18 of the Act for enhancement of the market value. The reference Court duly analyzing the evidence adduced by both the parties, has enhanced the market value from Rs.10,300/- to 3 GSD, J and MGP, J as_759_2000 Rs.15,000/- per acre and while maintaining the compensation in respect trees fixed by the L.A.O. has ordered that the claimants are entitled for the amount which was deducted by the L.A.O. for the acquired wells under the clause of depreciation. Dissatisfied with the said enhancement, the claimants filed the present appeal.
4. Learned counsel for the claimants has submitted that in similar acquisition proceedings, this Court in A.S.No.2949 of 2000 has fixed the market value of the acquired land therein at Rs.25,000/- per acre. It is further submitted that the lands covered by A.S.No.2949 of 2000 and the present lands are acquired for the same purpose and are having same potentiality. Therefore, the learned counsel prayed to enhance the compensation made in A.S.No.2949 of 2000. The learned Assistant Government Pleader has not disputed the said fact.
5. Following the judgment of this Court dated 08.12.2006 made in A.S.No.2949 of 2000 and for the reasons stated therein, this appeal stands allowed 4 GSD, J and MGP, J as_759_2000 enhancing the market value of the compensation from Rs.15,000/- to Rs.25,000/- per acre while maintaining the compensation in respect of other items. The claimant(s) is/are also entitled all other statutory benefits as per the amended Act. There shall be no order as to costs.
Miscellaneous petitions, if any pending, shall stand closed.
________________ G. SRI DEVI, J _____________________________ SMT. M.G.PRIYADARSINI, J 23.09.2022 gkv/tsr 5 GSD, J and MGP, J as_759_2000 THE HON'BLE JUSTICE G. SRI DEVI AND THE HON'BLE SMT. JUSTICE M.G.PRIYADARSINI A.S.No. 759 of 2000 Date: 23.09.2022