IMPORTANT POINT
Subsequent notification supersedes the earlier one.

JUDGMENT

R.V. Raveendran, J. —

Leave granted in all the SLPs.

2. An extent of 24 acres in Survey No.24 of Peeram Cheruvu Village, Rajendranagar Mandal, Ranga Reddy District on the outskirts of Hyderabad was acquired for Andhra Pradesh Police Academy. For this purpose, a preliminary notification under section 4(1) read with section 17 of the Land Acquisition Act, 1894 (‘Act’ for short) was issued and published in the A.P. Gazette on 3.1.1990. It was also published in two newspapers circulating in that locality on 12.2.1990. The final declaration under section 6 of the Act was published in the A.P. Gazette dated 10.1.1990 (published in two newspapers circulating in that locality on 12.2.1990). Possession of the acquired lands was taken on 18.9.1991 by invoking the urgency clause under section 17 of the Act.

3. The respondents filed W.P.No. 14396/1991 in the A.P. High Court seeking a direction to the appellant to pass an award. The High Court disposed of the said writ petition with a direction to pass an award before 11.2.1992 as the final notification had been published in the Gazette on 10.1.1992. The award was not be passed within the stipulated two years. The State government, being of the view that as a consequence, the acquisition had lapsed, published a fresh preliminary notification dated 9.9.1993 under section 4(1) of the Act in the A.P. Gazette dated 19.11.1993, followed by a fresh final declaration under section 6 of the Act published in the Gazette dated 16.2.1994.

4. Ultimately, the Land Acquisition Officer made an award dated 31.8.1996. Before doing so he appears to have sought legal opinion as to the date with reference to which the compensation should be determined. The legal opinion was that as possession was taken on 18.9.1991 by invoking section 17, the acquisition proceedings did not lapse under section 11A of the Act and the fresh acquisition notifications dated 19.11.1993 and 16.2.1994 could be ignored and the award could be passed with reference to the market value as on the date of issue of the first preliminary notification dated 3.1.1990. The Land Acquisition Officer, after referring the sales statistics and nature of land, by award dated 31.8.1996 offered compensation at the rate of Rs.24,000/- per acre with 30% solatium under section 23(2), additional market value at 12% per annum under section 23(1A) from 12.2.1990 to 18.9.1991 and interest at the rate of 9% per annum for the period 18.9.1991 to 17.9.1992 and at the rate of 15% per annum from 18.9.1992 to 31.8.1996.

5. Not being satisfied with the quantum of compensation, the respondents-landowners sought reference to Civil Court. Before the Reference Court, the respondents let in evidence about market value as on 19.11.1993, which is the date of publication of the second preliminary notification. The Reference Court held that the relevant date of determination of market value was 3.1.1990 (which was the date of the first preliminary notification), that there was no evidence about the market value as on 3.1.1990. He held that none of the sale deeds relied upon by the landowners was relevant, as they were all with reference to the second preliminary notification published on 19.11.1993. However having regard to the situation and potential of the land, it concluded that approximately double the amount offered by the Land Acquisition Officer would be the appropriate market value and therefore awarded compensation at the rate of Rs.50,000 per acre.

6. The respondents were not satisfied with the amount awarded by the Reference Court. They therefore filed a batch of appeals before the Andhra Pradesh High Court. Some of the appeals were decided by judgment dated 16.2.2005 and some were decided by judgment dated 3.1.1996 following the judgment dated 16.2.2005. The High Court was of the view that the relevant date for determination of compensation was not 3.1.1990 as the said preliminary notification was superseded by notification under section 4(1) of the Act