Land Acquisition Officer, Special Deputy Collector, LA Unit-1, Pochampad Project vs Chakali Gangamma and Others

N.Y. Hanumanthappa, J.—This is a State Appeal preferred against the order dated 7-10-1994 in O.P. No. 343 of 1994 on the file of the Additional District Judge, Nizamabad.

The brief facts of the case are as follows: The Government have acquired the structures existing in the village of Kusthapur village, Armur taluk of Nizamabad District belonging to the claimants, the respondents herein since they were to come under submergence of Sreeramsagar Project after issuing notification under the provisions of the Land Acquisition Act. The Land Acquisition Officer determined the market value for the structures, house-sites etc., and passed award. Dissatisfied with the quantum of compensation awarded the claimants, the respondents herein sought reference of the matter to the civil Court u/s 18 of the Land Acquisition Act. The claimants led both oral and documentary evidence in support of their claims. The learned Additional District Judge after hearing the arguments advanced on behalf of the parties and considering the oral and documentary evidence answered the reference in the following terms:

"(1) the value of the structures for which detailed measurements were not taken is fixed at 2 1/2 times the value fixed by the L.A.O.;

(2) the value of the structures for which detailed measurements were taken is fixed at 1 3/4 times the value fixed by the L.A.O.;

(3) the value of the open sites, sites covered by the houses is fixed at Rs. 6/- per sq. mt.;

(4) the value of the wells is doubled than what is paid by the L.A.O.;

(5) the claimants shall get solatium at 30% on the market value;

(6) the claimants are not entitled to the additional amount at 12% per annum;

(7) the claimants shall get interest as per rules.

(8) the amounts paid by the L.A.O. on account of market value, solatium etc., shall be deducted;

(9) the parties are directed to bear their own costs."

Aggrieved by the same the Government has preferred this appeal as stated supra.

This appeal is connected with one of the left out cases in A.S. No. 1835 of 1995 and batch which was disposed of by this Court on 11-12-1998 on the request made by the State as against the order of the lower Court passed in favour of the respondents-claimants. The operative portion of the judgment is reproduced as follows:

"the compensation awarded by the Court below on a reference u/s 18 of the Land Acquisition Act so far as claimants 1 to 18 are concerned, is confirmed. The implead petitions so far as claimants 19 to 304 are concerned, are dismissed. Since it is stated that the claimant Nos. 19 to 304 have preferred applications u/s 28-A of the Land Acquisition Act before the Land Acquisition Officer, it is open for those claimants to agitate the same before the Land Acquisition Officer for getting just and reasonable compensation that has been determined by the Court below in respect of others and the Land Acquisition Officer shall pass appropriate orders on the Section 28-A applications in accordance with law. Compliance within three months. There shall be no costs in the appeal."

Since this appeal is also connected appeal and following the decision of this Court in A.S. No. 1835/95 the operative portion of which is extracted above, and for the reasons given therein this appeal is also disposed of in the following terms:

The compensation awarded by the Court below on a reference u/s 18 of the Land Acquisition Act so far as the claimant the second respondent herein is concerned it is confirmed and the appeal is dismissed. The implead petitions so far as other claimants including those who are brought on record in this Court in the present appeal are concerned they are dismissed. Since it is stated that the claimants have preferred applications u/s 28-A of the Land Acquisition Act before the Land Acquisition Officer, it is open for them to agitate the same before the Land Acquisition Officer for just and reasonable compensation that has been determined by the Court below in respect of others and the Land Acquisition Officer shall pass appropriate orders on the Section 28-A applications in accordance with law within three months from the date of receipt of a copy of this order. There shall be no order as to costs in this appeal.