Andhra Pradesh High Court
Judges : C.V.RAMULU, DEVENDER GUPTA
TIRUMALA TIRUPATHI DEVASTHANAMS - Appellant
Versus
N.MUNIKRISHNA REDDY - Respondent
Decided On : 07-05-04
Land acquisition Act, 1894 - Section 4 (1) – Land case – Compensation – Service - Question involved in the appeals is about the market value of the land payable to the claimants, which was acquired under various notifications issued under the land acquisition Act, 1894 – Held, submission of the learned counsel that claimants are not entitled to solatium at the enhanced rate of as per the amendment Act, cannot be accepted - Consequent to aforementioned discussion, appeals and cross-objections filed by the claimants are dismissed - Awards of the reference courts stand modified as indicated above -It is made clear that in case claimants were not paid interest on solatuim, they will also be paid interest on solatium - Parties are left to bear their respective costs – Appeal allowed partly
( 1 ) COMMON arguments were addressed in these appeals by the claimants as well as by the learned counsel appearing for Sri tirumala tirupati devasthanam (hereinafter referred to as ttd ). Question involved in the appeals is about the market value of the land payable to the claimants, which was acquired under various notifications issued under the land acquisition Act, 1894 (hereinafter referred to as "the act" ). Land was acquired for the benefit of ttd for public purpose under successive notifications issued under Section 4 (1) of the act on 22. 7. 1976, 31. 1. 1980, 19. 6. 1985, 23. 12. 1985,26. 5. 1986,29. 8. 1986,15. 1. 1987, 25. 3. 1987, 20. 5. 1987, 25. 5. 1987, 5. 8. 1987, 21. 8. 1987, 31. 10. 1989, 15. 11. 1989 and 30. 4. 1992.
( 2 ) A. S. NOS. 1898 and 2033 of 1991 are the appeals filed by the ttd questioning the enhancement of market value from rs. 10/- per sq. Ft to rs. 73/- per sq. Ft by the award of the reference court dated 24. 6. 1991 in o. p. NOS. 32 and 30 of 1982 respectively for the land acquired through the notification issued under Section 4 (1) of the act on 22. 7. 1976.
( 3 ) AS No. 1973 of 2002 is an appeal by ttd questioning the enhancement in the market value of the land from rs. 10/- sq. Ft to rs. 40/- sq. Ft by the award of reference court dated 22. 11. 2001 in o. p. No. 90 of 1991 for the land acquired through the notification issued under Section 4 (1) of the act on 31. 1. 1980.
( 4 ) IN appeal a. s. No. 726 of 2001 challenge by ttd is to the enhancement of market value of the land from rs. 11/- per sq. Ft. To rs. 84/- per sq. Ft. By the award of reference court in o. p. No. 89 of 1991 dated 31. 8. 2000 for the land acquired through notification dated 19. 6. 1985.
( 5 ) A. S. NOS. 67 and 1849 of 2001 are two appeals preferred by ttd challenging the enhancement of compensation of the land from rs. 11/- per sq. Ft to rs. 86/- per sq. Ft for the land acquired through notification-dated 23. 12. 1985 in the awards of reference court in o. p. NOS. 74 and 85 of 1991 dated 25. 4. 2000 and 24. 3. 2001 respectively.
( 6 ) AS NOS. 2031 of 2001 and 1304 of 2002 are the appeals by ttd questioning enhancement of compensation from rs. 11/- to rs. 88/- and rs. 86/- per sq. Ft respectively by awards of the reference court dated 16. 8. 2002 and 1. 4. 2002 in o. p. NOS. 59 and 86 of 1991 respectively. Appeal a. s. No. 1145 of 2003 is by the claimant against award in o. p. No. 59 of 1991 seeking further enhancement of the compensation at the rate of rs. 300/- per sq. Ft. The land was acquired through notification-dated 26. 5. 1983.
( 7 ) AS No. 1279 of 1999 is an appeal by ttd questioning the enhancement of market value of land from rs. 11/- per sq. Ft. To rs. 100/- per sq. Ft. By award of the reference court dated 17. 2. 1998 in o. p. No. 107 of 1990 for the land acquired through notification dated 29. 8. 1986. The claimants seeking further enhancement at the rate of Rs. 1,000/- per sq. Ft have filed cross-objections in this appeal. In addition, there is also grievance as regards the extent of area acquired.
( 8 ) A. S. NOS. 2304 of 2002 and 155 of 2003 are two appeals filed by ttd and claimant respectively against the same award of the reference court dated 15. 7. 2002 in o. p. No. 95 of 1991 by which the reference court enhanced the market value of the land from rs. 11/- per sq. Ft. To rs. 86/- per sq. Ft wherein the land was acquired through notification dated 15. 1. 1987. The claimant is seeking further enhancement at the rate of rs. l,000/- per sq. Ft. And has also disputed the extent of land acquired that it should be 5220 sq. Ft. And not 4176 sq. Ft. And value of structures ought to have been fixed at rs. l 1,07,001/ -.
( 9 ) A. S. No. 1927 of 2001 is an appeal by the ttd questioning enhancement of market value of land from rs. 11/- to rs. 90/ - per sq. Ft through the award of the reference court dated 24. 3. 2001 in o. p. No. 94 of 1991 for the land acquired through notification issued un
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