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2013 Supreme(AP) 790

ASHUTOSH MOHUNTA, DAMA SESHADRI NAIDU
Kondiba – Appellant
Versus
Spl. Dy. Collector, SRSP – Respondent


Advocates Appeared:
For the Petitioners:Manohar Rao, Advocate.
For the Respondent: G.P. for Appeals.

Judgment :

Dama Seshadri Naidu, J.

1. This land acquisition appeal is preferred by the claimants, 34 in number, who are aggrieved by the decree and judgment, dated 30.07.2004 passed in O.P. No. 2 of 2001 by the Court of the Senior Civil Judge, Nirmal. The said OP has arisen out of a reference made by the Special Deputy Collector, SRSP, Pochampad, on the application of the claimants under section 18 of the Land Acquisition Act, 1894 (‘the Act’).

2. Shorn of extraneous details, the facts in brief are as follows: The Government issued a notification under Section 4 (1) of the Act with an intention to acquire lands to an extent of Acs.62-21 gts., spreading across various survey numbers in Kollur and Masalga Villages, Thanur Mandal, Adilabad District, for the purpose of formation of stilt arrest tank. Given the urgency, the possession, however, was taken on 10.02.1998, that is about five months prior to the date of notification. Though the extent is seemingly large, the land actually belongs to 34 claimants, who owned only small extents, averaging about less than 2 acres.

3. In course of time, the Land Acquisition Officer (L.A.O.) awarded a compensation of Rs.25,000/- per acre; but late































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