Telangana High Court

AS/649/1995 of Varri Peda Thammayya Vs Land Acquisition Officer on 29 December 2011

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SRI JUSTICE V.ESWARAIAH and THE HON’BLE SRI JUSTICE N. RAVI SHANKAR APPEAL SUIT NO.649 OF 1995 Date: 29th December, 2011 Between: The Land Acquisition Officer-cum-Special Deputy Collector, Yeleru Left Main Canal, Anakapalli. …..Appellant And Varri Peda Thammayya

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APPEAL SUIT NO.649 OF 1995

Date: 29[th] December, 2011

Between:

The Land Acquisition Officer-cum-SpecialDeputy Collector, Yeleru Left Main Canal,Anakapalli.

And

…..Appellant

Varri Peda Thammayya

…..Respondent

THE COURT MADE THE FOLLOWING:

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

APPEAL SUIT No.649 OF 1995

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

This appeal is filed by the Land Acquisition Officer-cum-Special Deputy Collector, Yeluru Left Main Canal, Anankapalliunder Section 54 of the Land Acquisition Act, 1894 (for short ‘theAct’) questioning the enhancement granted in a reference underSection 18 of the Act by the Court of Subordinate Judge,Chodavaram, Visakhapatnam District (Reference Court) inO.P.No.145 of 1988, dated 27.10.1994.

2. The land of the claimant to an extent of Ac.0-94 cents wasacquired by the Land Acquisition Officer for the purpose of supplyof water to the Steel Plant, Visakhatpatnam and for irrigationpurpose. The Land Acquisition Officer in his award fixed thecompensation at Rs.9,000/- per acre, and not satisfied with that,the claimant preferred a reference under Section 18 of the Act. After considering all the relevant records, the Reference Courtenhanced the compensation to Rs.50,000/- per acre.

3. It is brought to our notice that under similar circumstancesA.S.Nos.3447 of 1992 and batch was allowed by a commonjudgment dated 20.2.1996, remanding the matters to the ReferenceCourt for disposal afresh.

4. Accordingly, following the judgment delivered in A.S.No.3447of 1992 and batch, dated 20.2.1996, this appeal is allowed andremanded back to the Reference Court. There shall be no order as to costs.

__________________

V.ESWARAIAH, J

29[th] December 2011TJMR

_____________________

N.RAVI SHANKAR,J

APPEAL SUIT NO.649 OF 1995(Per HON’BLE SRI JUSTICE V.ESWARAIAH)

Date: 29[th] December, 2011

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