MAIN POINT
Potential of the land escalates its price.

Judgment

Abhay Manohar Sapre, J.

1. These appeals are filed against the common judgment and order dated 05.07.2004 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Appeal No. 120 of 2001 with Cross Objection(SR) No. 17190 of 2001, Appeal No. 1778 of 2001 with Cross Objection(SR) No. 65760 of 2001, Appeal No. 1808 of 2001, Appeal No. 1927 of 2001 with Cross Objection(SR) No. 66074 of 2001, Appeal No. 2421 of 2001 with Cross Objection(SR) No. 82152 of 2001, Appeal No. 1975 of 2002, Appeal No. 1411 of 2003, Appeal No. 2304 of 2002, Appeal No. 155 of 2003 and Appeal No. 1279 of 1999 with Cross Objection(SR) No. 87947 of 1999, Appeal No. 67 of 2001, Appeal No. 726 of 2001, Appeal No. 1849 of 2001, Appeal No. 2031 of 2001, Appeal No. 1304 of 2001 and Appeal No. 1145 of 2003.

2. By impugned judgment/order, the Division Bench of the High Court, partly allowed the first appeals filed by the respondents herein and reduced the rate of compensation payable to the claimants/landowners (appellants herein) at Rs.30/-per square feet, which was fixed by the Reference Court (Civil Court) between Rs.80/-to Rs.100/-per square feet for the land acquired by the State under the Land Acquisition Act, 1894 (hereinafter referred to as "The Act”). Dissatisfied with the judgment/order passed by the High Court, the claimants/land-owners have filed these appeals for enhancement of the compensation.

3. The question that arises for consideration in these appeals is whether the High Court was justified in partly allowing the appeals filed by the respondents herein by reducing compensation at the rate of Rs.30/-per square feet for the land which was acquired by the State or the rate should have been more than Rs.30/-and, if so, how much, i.e., the one determined by the Reference Court (Civil Court) between Rs.80/-to Rs.100/-per square feet or it should be more than that?

4. In order to appreciate the controversy involved in these appeals, it is necessary to state the relevant facts infra. For the sake of convenience, we shall first advert to the factual matrix of C.A. No. 5769 of 2006 (P. Sreenivassulu Naidu vs. The Special Deputy Collector, Land Acquisition Officer, TTD, Tirupathi & Anr.)

5. The appellant in C.A. No.5769 of 2006 is the owner of the land measuring 4176 square feet as per the State whereas 5220 square feet as per the appellant. This land is situated in T.S. No 40/2 Ward No.3, Block E in village Tirumala. Likewise, the appellants in other two appeals are also owners of the similar land as described in the memo of appeals. The appellants were having their small shops and hutments on their land wherein they used to carry on their small business for their livelihood.

6. In exercise of the powers conferred under Section 4 of the Act, the State Government issued a notification on 15.01.1987 and acquired the appellant's aforementioned land along with the land of other landowners alike the appellant situated in the same area. The land was acquired for the benefit of the Tirumala Tirupati Devasthanams (in short “the TTD”) to enable them to develop Balaji temple town by constructing roads, Kalyanamandapam, Choutries and for providing other civic amenities in the town for the benefit of large number of devotees, who regularly visit the temple for having darshan of Lord Balaji.

7. In other appeals, similar notifications under Section 4 were issued by the State on 19.06.1985, 23.12.1985, 26.05.1986, 29.08.1986, 25.05.1987, 05.08.1987, 21.08.1989 and 26.10.1992 for accomplishing the same public purpose. By these notifications, a large chunk of land was acquired in the same area where the land of the appellant in C.A. 5769 of 2006 was situated. So far as the land belonging to the present appellants was concerned, it was of small dimension.

8. Notification under Section 4 was followed by the declaration under Section 6 of the Act published on 05.08.1987 and likewise it was published on other dates in relation to notifications issued under Section