Telangana High Court
The Land Acquisition Officer, vs Konidhina Srinivasa Rao on 1 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
L.A.A.S. No. 458 of 2008 and I.A.No.1 of 2009 (X.OBJ.No.1493 of 2009)
COMMON JUDGMENT :(per Justice G. Sri Devi) The present Appeal is preferred by the Land Acquisition Officer aggrieved by the order and decree dated 06.09.2007 made in L.A.O.P.No.85 of 1997 on the file of the Principal Senior Civil Judge, Kothagudem (for short "the reference Court"). Challenging the very same order and decree, the claimant has filed cross objections being I.A.No.1 of 2009 (X Obj.No.1493 of 2009). By the impugned order, the reference Court has enhanced the market value of the acquired land from Rs.21,000/- to Rs.1,00,000/- per acre.
2. The land to an extent of Ac.1.13 guntas in Sy.No.727/7 situated in Paloncha Village, belonging to the claimant was acquired by the Government for construction of 5th Stage Power Plant by K.T.P.S. Paloncha by issuing draft notification under Section 4 (1) of the Land Acquisition Act (for short "the Act"), dated 09.10.1995 followed by draft declaration under Section 6 of the Act. However, possession was taken prior to the notification i.e., on 24.08.1994. After conducting due enquiry, the Land Acquisition Officer has passed an award on 12.05.1997 fixing the market value of the acquired land at Rs.21,000/- per acre. Not satisfied with the compensation determined by the Land Acquisition Officer, the claimant filed protest petition and sought for reference under Section 18 of the Act seeking enhancement of the 2 GSD, J & MGP, J Laas_458_2008 compensation. The reference Court, by the impugned order has enhanced the market value of the acquired land from Rs.21,000/- to Rs.1,00,000/- per acre. Aggrieved thereby, the present appeal is filed by the Land Acquisition Officer and the Cross Objections by the claimant.
3. Heard learned Assistant Government Pleader for Appeals and the learned counsel for the claimant. Perused the material available on record.
4. Learned Assistant Government Pleader mainly contended that the reference Court has erred in enhancing the market value of the acquired land basing on sale transactions covered by Exs.A1 and A2 since the lands covered thereby are situated in a different area and there is no similarity between the acquired land and the lands covered by Exs.A1 and A2. It is further submitted that though the acquired land is agriculture land, the reference Court has erred in enhancing the market value treating the land as fit for house sites.
5. On the other hand, learned counsel for the claimant has contended that the reference Court having accepted and found that the consideration paid under Exs.A1 and A2 are correct, ought to have fixed the market value of the acquired land at Rs.2,00,000/- per acre. It is further contended that since the possession was taken prior to the issuance of the notification, the claimant is entitled for additional interest at 15% per annum on the compensation amount as per the law laid down by the Apex Court. 3
GSD, J & MGP, J Laas_458_2008
6. A perusal of the impugned order would show that the land acquired was situated within the limits of Paloncha Municipality and it is very near to the road leading from Kothagudem to Bhadrachalam. The sale transactions covered by Exs.A1 and A2 are within three years prior to the issuance of the notification under Section 4 (1) of the Act. The evidence of P.Ws.1 to 3, as rightly observed by the reference Court would go to show that a part of the acquired land the lands in the vicinity were being used as house sites. Even the evidence of R.W.1 goes to show that the acquired lands were suitable for house sites. However, as the lands covered by Exs.A1 and A2 are smaller extents, the reference Court has rightly fixed the market value of the acquired land at Rs.1,00,000/- per acre, which needs no interference by this Court.
7. Insofar as the contention of the learned counsel for the claimant with regard to the entitlement of the additional interest, as per the decisions of the Apex Court in R.L.Jain (D) by LRs v. DDA and others1 and Tahera Khotoon and others v. Revenue Divisional Officer2, the claimant is entitled to the benefit of 15% additional interest from the date of taking possession of the land till the date of publication of the preliminary notification as the possession of the land was taken on 24.08.1994 and whereas the notification was issued on 09.10.1995. 1 (2004) 4 SCC 79 2 (2014) 13 SCC 613 4 GSD, J & MGP, J Laas_458_2008
8. Accordingly, both the appeal and the cross objections are dismissed. However, the claimant is granted additional interest at 15% from the date of taking over of actual possession till the date of publication of notification under Section 4 (1) of the Act, along with all other statutory benefits. There shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
________________ JUSTICE G. SRI DEVI ______________________ JUSTICE M.G. PRIYADARSINI 01.09.2022 gkv/tsr 5 GSD, J & MGP, J Laas_458_2008