LAAS/393/2005 of The Land Acquisition Officer-cum-Special Deputy Collector Vs Sivaiah on 31 December 2010

THE HON’BLE SRI JUSTICE GODA RAGHURAMANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR

L.A.A.S.NO.393 OF 2005

DATED DECEMBER, 2010

BETWEEN

The Land Acquisition Officer-cum-Special Deputy Collector (L.A.) Unit,P.J.P., Gadwal, Mahabubnagar District .… Appellant/

Referring Officer

And

Sri Sivaiah … Respondent

THE HON’BLE SRI JUSTICEGODA RAGHURAMANDTHE HON’BLE SRI JUSTICESANJAY KUMAR

L.A.A.S.NO.393 OF 2005

JUDGMENT(Per SK,J)

The Land Acquisition Officer-cum-Special Deputy Collector(L.A.) Unit, P.J.P., Gadwal, Mahabubnagar District, is in appealaggrieved by the common Order and Decree dated 08.01.2004 passedon a reference under Section 18 of the Land Acquisition Act, 1894 inO.P.No.852 of 1994, whereby the compensation awarded to therespondent was enhanced from Rs.16,000/- per acre to Rs.25,000/-per acre.

The respondent’s land admeasuring Ac.1.02 guntas in PoddurVillage of Gadwal Mandal, Mahabubnagar District, was acquired forthe excavation of the tailend approach channel of BTUT at K.Ms.31.200 of P.J.P. Right Main Canal. The Land Acquisition Officer, upondue consideration, awarded Rs.16,000/- per acre. Aggrieved thereby,the respondent along with others similarly situated approached thereference Court under Section 18 of the Land Acquisition Act, 1894. Bythe common Order and Award dated 08.01.2004, the reference Courtenhanced the compensation from Rs.16,000/- per acre to Rs.25,000/-per acre.

Relevant to note, the enhancement was effected by the commonOrder in three O.Ps., viz., O.P.Nos.851, 852 and 854 of 1994. Thepresent appeal arises out of O.P.No.852 of 1994. The appeals preferred by the State as against O.P.Nos.851 and 854 of 1994 inA.S.Nos.421 of 2005 and 307 of 2005 respectively were alreadydismissed by this Court. Copies of the Judgments dated 14.02.2005and 24.01.2005 passed by this Court in A.S.Nos.421 of 2005 and 307of 2005 respectively are placed on record and indicate that this Court,having regard to the trivial and insignificant amounts involved in theappeals, dismissed the same.

In the present case also, the value of the appeal is onlyRs.9,450/-. As the enhancement effected by the reference Court stoodconfirmed in the other two appeals, we see no reason to take adifferent view.

The Appeal is accordingly dismissed. There shall be no orderas to costs.

_______________________

GODA RAGHURAM, J.

_________ DECEMBER, 2010.

PGS

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SANJAY KUMAR, J.