LAAS/221/2005 of The LA Officer Cum Special Dy.Collector, Vs The Manager, on 31 December 2010

J U D G M E N T

(Per Sri Justice Sanjay Kumar)

An appeal by the State aggrieved by the Order and Decree dated13.12.2004 passed by the reference Court of the Senior Civil Judge, Gadwal, inO.P.No.652 of 1995, enhancing the awarded compensation from Rs.25,200/-per acre to Rs.40,000/- per acre.

The land admeasuring Ac.3-22 guntas belonging to the respondentsituated in the limits of Rajoli Village of Waddepally Mandal, MahaboobnagarDistrict, was acquired by the State for earth bund formation of theThungabhadra Barrage. The draft notification under Section 4(1) of the LandAcquisition Act, 1894 (for brevity, ‘the Act of 1894’) was published on19.05.1993. The Land Acquisition Officer, upon due enquiry, classified thelands acquired into three categories and determined the market value for eachcategory. The subject acquired land admeasuring Ac.3-22 guntas fell in thecategory of dry lands used for Kharif crops and market value therefor was fixedat Rs.25,200/- per acre.

Dissatisfied therewith, the respondent sought reference under Section18 of the Act of 1894 which was taken on file by the reference Court asO.P.No.652 of 1995. By the common order dated 13.02.2004 passed inO.P.No.652 of 1995, the reference Court effected enhancement as statedsupra. The reference Court took into account the fact that though the land inquestion was classified under Category-I dry lands, it had good irrigation sources, being water fed from the RDS channel, Thungabhadra river and wells.The reference Court had occasion to deal with the determination of such landsearlier in O.P.No.344 of 1994 and batch and as its determination at Rs.40,000/-per acre for such dry lands found confirmation before this Court in A.S.No.2197of 1996, marked as Ex.A.2, the reference Court adopted the said value ofRs.40,000/- per acre.

Perusal of the judgment of this Court dated 31.01.1997 in A.S.No.2197of 1996 (Ex.A.2) reflects that a Division Bench of this Court, dealing with theenhancement in respect of irrigable dry lands with known sources of irrigation,fixed the market value of such category of lands at Rs.40,000/- per acre. Thesame value was adopted by the reference Court. Judgments pertaining to themarket value of the lands in the vicinity of the acquired land are relevant for thepurpose of inferring the correct market value, as held by the Supreme Court in PAL SINGH V/s. UNION TERRITORY OF CHANDIGARH[[1]]. The approachadopted by the reference Court therefore cannot be said to be irregular ordefective. Adopting the value fixed for the nearby land which found confirmationbefore this Court, the reference Court enhanced the market value of theacquired land to Rs.40,000/- per acre.

We therefore see no reason to interfere with this exercise by thereference Court based on cogent principles. The Order and Decree underappeal are accordingly confirmed.

The appeal is dismissed but in the circumstances, without any order asto costs.

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GODA RAGHURAM,J

________DECEMBER, 2010

PGS

--------------------------SANJAY KUMAR,J

[1] 1993 (1) ALT 6 (SC)