Land Acquisition Officer vs Gaddam Limbareddy and Others

N.Y. Hanumanthappa, J.—This appeal is directed against the Judgment and decree dated 15-11-1994 passed in O.P. No. 192 of 1990 on the file of the learned Additional District Judge, Nizamabad.

The State has acquired structures, open sites, trees, wells etc., in an extent of Ac. 3.06 1/2 guntas situated at Sirpoor village, belonging to the claimants-respondents. The Land Acquisition Officer passed an Award on 28-2-1974 fixing the compensation as Rs. 1,71,619/- in toto. Having not satisfied with the said compensation, the claimants sought a reference u/s 18 of the Land Acquisition Act. Accordingly a reference was made to the civil Court for determination as to the adequacy or otherwise of the compensation awarded by the Land Acquisition Officer. During the pendency of the Proceedings in the lower Court, I.A. No. 710 of 1990 was filed by the respondents Nos. 11 to 48 seeking to implead them as parties to the proceedings. The said application was allowed by an order dt. 23-7-1990. The lower Court, after taking into consideration the evidence, both oral and documentary, and the judgment of this Court in A.S. No. 1379 of 1990, enhanced the compensation as follows:

2 1/2 times of value fixed by the Land Acquisition Officer for structures/houses where detailed measurements were not taken;

1 3/4 times of value fixed by the Land Acquisition Officer for structures/houses, where detailed measurements were taken;

Rs. 6/- per square metre for the house sites and sites covered by houses;

Rs. 1000/-, Rs. 500/- and Rs. 50/- for each big, medium and small tamarind tree.

Aggrieved by this enhancement, the State has preferred this appeal.

Similar appeals preferred by the State, A.S. Nos. 1835 of 1995 and 1845 of 1995 are disposed of by this Court on 11-12-1998 following the Judgment of the Supreme Court in H.M. Kelogirao and Others Vs. Govt. of A.P. and Others,

Following the above decisions, this appeal is dismissed against respondent Nos. 1 to 10, whereas, against respondent Nos. 11 to 48, this appeal is allowed. However, the claimants-respondents No. 11 to 48 shall file a fresh application u/s 28-A of the Land Acquisition Act, if not yet filed, within two months and if such application is filed, the Land Acquisition Officer shall consider the same and pass appropriate orders on merits without considering the question of limitation, in view of the law laid down by the Supreme Court in the above case. There shall be no order as to costs.