AS/1395/1998 of d.v.r. reddy Vs SPL TAHSILDAR LAO. VUDA. VSP on 29 December 2011

THE HON’BLE SRI JUSTICE V.ESWARAIAHandTHE HON’BLE SRI JUSTICE N. RAVI SHANKAR

APPEAL SUIT NO.1395 OF 1998

Date: 29[th] December, 2011

Between:D.V.R.Reddy and others

AndThe Special Tahsildar (L.A.O.),VUDA, Visakhapatnam and another

…..Appellants…..Respondents

THE COURT MADE THE FOLLOWING:

THE HON’BLE SRI JUSTICE V.ESWARAIAHandTHE HON’BLE SRI JUSTICE N. RAVI SHANKARAPPEAL SUIT No.1395 OF 1998

JUDGMENT:- (Per HON’BLE SRI JUSTICE V.ESWARAIAH)

This appeal is filed under Section 54 of the Land AcquisitionAct, 1894 (for short ‘the Act’) by the claimants against the order ofthe court of III Additional District and Sessions Judge-cum-SpecialJudge for SPE and ACB Cases, Visakhapatnam (for short,‘Reference Court’) passed in L.A.O.P.No.798 of 1996 (oldO.P.No.225 of 1991) dated 17.3.1998.

2. The lands of the appellants to an extent of Acs.2-24 centssituated in T.S.No.1502/8-B19 of Bheemili Village, VisakhapatnamDistrict were acquired for the purpose of sites and services underI.D.S.M.T. Scheme. The Land Acquisition Officer in his awardNo.5/91, dated 18.10.1991, fixed the compensation at Rs.40/- persquare yard, and not satisfied with the compensation awarded, theclaimants sought reference of the matter under Section 18 of theAct seeking to enhance the compensation amount from Rs.40/- toRs.77/- per square yard. The Reference Court, after consideringall the relevant records, enhanced the compensation from Rs.40/-to Rs.45/- per square yard. Aggrieved by the order of theReference Court, the claimants filed the present appeal.

3. Heard the learned counsel for appellants and the learnedGovernment Pleader for Appeals.

4. We have perused the oral and documentary evidence as wellas order of the Reference Court. Ex.A-1 is a registered sale deeddated 26.12.1988. According to Ex.A-1, an extent of 1654 square yards in T.S.No.1484 of Bheemunipatnam Village was sold forRs.1,08,000/- i.e. Rs.65/- per square yard. Ex.A-2 is anotherregistered sale deed dated 9.11.1989. According to Ex.A-2, anextent of 499 square yards in T.S.No.3 of Bheemunipatnam Villagewas sold for Rs.36,000/- i.e. Rs.80/- per square yard. Exs.A-1and A-2 are the registered sale deeds executed before issuance ofSection 4(1) notification, which is admittedly dated 6.3.1990, butthe Reference Court did not take them into consideration. Thelands covered in Exs.A-1 and A-2 are nearer to the appellants’lands, but the Reference Court ignored them on the ground thatthey are subsequent to Section 4(1) notification while in fact theyare prior to it.

5. It is relevant to take into consideration Ex.A-1, which isnearer to the appellants’ land, for the purpose of considering theclaim of the appellants. If Ex.A-1 sale deed, which is 18 monthsprior to the notification under Section 4(1) of the Act, is taken intoconsideration and 15% of the escalation is added to Rs.65/-, itcomes about Rs.75/- per square yard and 30% of it deducted, itcomes to Rs.53/- per square yard. In the circumstances, it isconsidered just to enhance the compensation to Rs.53/- persquare yard.

6. Accordingly, the appeal is partly allowed, fixing the marketvalue @ Rs.53/- per square yard. The appellants are entitled toother benefits under the amended provisions of the Act. No costs.

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V.ESWARAIAH, J

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29[th] December 2011TJMR

N.RAVI SHANKAR, J

THE HON’BLE SRI JUSTICE V.ESWARAIAHandTHE HON’BLE SRI JUSTICE N. RAVI SHANKAR

APPEAL SUIT NO.1395 OF 1998(Per HON’BLE SRI JUSTICE V.ESWARAIAH)

Date: 29[th] December, 2011