Telangana High Court

AS/1567/1998 of X Vs X on 31 December 2010

SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.1567 OF 1998 Dated. 31-12-2010 Between: The Land Acquisition Officer, Doulatabad …Appellant Vs. Amerender Reddy ..Respondent THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE

THE HON’BLE SRI JUSTICE GODA RAGHURAM

AND

THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO

A.S.NO.1567 OF 1998

Dated. 31-12-2010

Between:

The Land Acquisition Officer, Doulatabad …Appellant

Vs.

Amerender Reddy

..Respondent

THE HON’BLE SRI JUSTICE GODA RAGHURAM

AND

THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO

A.S.NO.1567 of 1998

JUDGMENT (Per NRLN,J)

This appeal is filed against the order of the learnedSubordinate Judge, Siddipet in O.P.No.61 of 1989 enhancingthe market value of the acquired land from Rs.2,500/- per acreto Rs.9/- per square yard.

An extent of Ac.0.33 cents of dry land situated inSy.No.11/3 of Machanpalli village of Doultabad Mandal wasacquired by the Government for providing house sites to theweaker sections of society and notification was issued on 31-01-1985 and the Land Acquisition Officer conducted an awardenquiry and fixed the market value @ Rs.2,500/- per acre. Theclaimant was not satisfied with the claim and he contended thatthe land abuts the main road and the village is developed withall amenities and communications and cost of the acquired landis not less than Rs.50,000/- and pleaded for fixation of themarket value @ Rs.70,000/- per acre.

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On behalf of the claimant PW.1 was examined andmarked Ex.A-1. The copy of decree in O.P.No.40 of 1987 wasmarked as Ex.A-1. On behalf of the referring officer, RW.1 wasexamined and marked Ex.B-1.

The points that arise for consideration are:-

(1) Whether the market value fixed by the learnedSubordinate Judge is legal and sustainable?Subordinate Judge is legal and sustainable?

(2) To what relief?

POINTS:

Evidently, the claimant has to prove the real market valueand in support of his claim PW.1 deposed that he was gettingincome of Rs.10,000/- to Rs.15,000/- per acre and admittedlyno document was placed before the court about the marketvalue. The learned Subordinate Judge found that under Ex.A-2award in O.P.No.40 of 1987 the lands at Dommata villagefetched a market value @ Rs.15/- per square yard.

order of the learned Subordinate Judge. Accordingly, the appeal suit is liable to be dismissed. The points are thereforeanswered.

Accordingly, the Appeal Suit is dismissed. No order as tocosts.

___________________

GODA RAGHURAM,J

_______________________

N.R.L.NAGESWARA RAO,J

31-12-2010TSNR

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