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2015 Supreme(AP) 396
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
R. Subhash Reddy, A. Shankar Narayana, JJ.
Land Acquisition Officer-cum-Revenue Divisional Officer, Tirupati - Appellant
Vs.
T. Pedda Chengaiah and Ors. - Respondents
L.A.A.S. No. 61 of 2006
Decided On: 01.05.2015
Advocate Appeared:
For the Appellant:Advocate General
For the Respondents: Hemachandra
Headnote:
Land Acquisition and Requisition – Land Acquisition Act, 1894 – Sections 4(1) and 54 – Agricultural Land – Land Acquire for public Purpose – Compensation – Enhancement of compensation in respect of lands acquired in Thukivakam village in various survey numbers for purpose of establishment of Railway Carriage Repair Workshop, Railway Line and road, by award and decree, passed by learned Principal Senior Civil Judge, Land Acquisition Officer-cum-Revenue Divisional Officer, preferred the instant appeal under Section 54 of Land Acquisition Act, 1894. At the outset, we would like to mention that the extent involved in the instant appeal is confined to Acs. 39-55 cents, comprised of survey Nos. 860, 862 to 866, 868 and 872 with sub-divisional numbers – A notification was published under Section 4(1) of Act, 1894 for acquisition of a chunk of agricultural land admeasuring Acs. 143-75 cents comprised of Survey Nos. 844, 847 to 849, 852 to 868 and 870 to 872 with various sub-divisions for the aforesaid purpose – In view of urgency then prevailing, advance possession of the lands was taken on 03-11-1980. The Land Acquisition Officer (hereinafter referred to as the LAO) passed an award on 13-10-1983, categorizing the entire lands into two categories. The first category which has potentiality for industrial establishment, and the second category relates to Arable (Cultivable) lands – LAO fixed the market value for the first category at Rs. 42,000/- per acre and for the second category at Rs. 15,000/- per acre – Held, When viewed potentialities of the land under acquisition which is capable for industrial use, the existence of various industries even by date of notification under Section 4(1) of Act, as admitted by PW. 1 and LAO, referred to in the above, it can be said in definite terms that it indicates the increase in prices of lands located in same area and very purpose for which land acquired being for establishment of railway track, arriving the market value at Rs. 3,75,000/- by the Reference Court by giving 10% escalation per year, taking into consideration the time lag of five years between date of notification under Section 4(1) of Act on 30-12-1976 for lands acquired under Ex. B-18 and the issuance of notification under Section 4(1) of Act concerning instant acquisition, and allowing 1/3rd deduction, placing reliance on judgments of Honble Apex Court in SLP covered by Ex. B-20 and arriving the market value at Rs. 2,50,000/- per acre, to which the claimants are entitled, is well reasoned and well appreciated, and, therefore, it does not suffer from any legal infirmity warranting interference by this Court – Appeal is dismissed. (Paras 26 and 27)
A. Shankar Narayana, J.
1. Feeling aggrieved by the enhancement of compensation from Rs. 15,000/- (Rupees fifteen thousand) per acre to Rs. 2,50,000/-, (Rupees two lakhs and fifty thousand) per acre in respect of the lands acquired in Thukivakam village in various survey numbers for the purpose of establishment of Railway Carriage Repair Workshop, Railway Line and road near Tirupati, by the award and decree, dated 05-09-2005, in L.A.O.P. No. 20 of 2004, passed by the learned Principal Senior Civil Judge, Tirupati, the Land Acquisition Officer-cum-Revenue Divisional Officer, Tirupati, Chittoor District, preferred the instant appeal under Section 54 of the Land Acquisition Act, 1894. At the outset, we would like to mention that the extent involved in the instant appeal is confined to Acs. 39-55 cents, comprised of survey Nos. 860, 862 to 866, 868 and 872 with sub-divisional numbers.
2. A notification was published under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') on 28-09-1981 for acquisition of a chunk of agricultural land admeasuring Acs. 143-75 cents comprised of Survey Nos. 844, 847 to 849, 852 to 868 and 870 to 872 with various sub-divisions for the aforesaid purpose.
3. In view of the urgency then prevailing, advance possession of the lands was taken on 03-11-1980. The Land Acquisition Officer (hereinafter referred to as the LAO') passed an award on 13-10-1983, categorizing the entire lands into two categories. The first category which has potentiality for industrial establishment, and the second category relates to Arable (Cultivable) lands. LAO fixed the market value for the first category at Rs. 42,000/- per acre and for the second category at Rs. 15,000/- per acre.
4. The subject matter herein relates to an extent of Acs. 39-55 cents owned by respondent Nos. 1 to 4 - claimants. The said extent of land involved in the instant appeal was arable land falling in second category.
5. The LAO passed a Supplementary Award bearing Award No. 3/1988-89 on 20-02-1989 in the light of amended provisions of the Land Acquisition (Amendment) Act, 1894.
6. Dissatisfied by the award of the LAO, the claimants filed a reference under Section 18 of the Act for enhancement of compensation. On such reference, the learned Principal Senior Civil Judge, Tirupati (hereinafter referred to 'the Civil Court') passed the award and decree, dated 05-09-2005, in L.A.O.P. No. 20 of 2004, on its file, which are under challenge in the instant appeal.
7. Before the Civil Court, the 3rd claimant, Sri Mekala Pedda Chengaiah, besides examining himself as RW. 1 on behalf of all the four claimants, examined the neighbouring land owners, Sri S. Ramanujulu and Sri Y. Dayananda Gupta, as RWs. 2 and 3, respectively, and exhibited 27 documents as Exs. B-1 to B-27, to substantiate their claim. Whereas, the LAO, Sri B. Rami Reddy, examined himself as PW. 1 and exhibited two documents as Exs. A-1 and A-2, which are copies of Award No. 5/1983, dated 13-10-1983 and supplementary award No. 3/1988-89, dated 20-02-1989, resisting the request for enhancement made by the claimants.
8. In their claim statements before the Civil Court, the claimants stated that the entire extent of Acs. 143-75 cents is a contiguous block with similar potentiality or proximity, but only on the ground that a Railway Track is intercepting both categories of land and since the claimants' land is situate to the north of the said railway track, it was classified as second category by the LAO and fixed the market value at Rs. 15,000/- per acre. It was also their case that for the reasons, firstly, that both categories of land were acquired for the very same purpose of establishment of Railway Carriage Repair Workshop etc., which constitutes Industrial Purpose; second, fixation of market value by the LAO was very low without considering the comparative sales in the very same village and the vicinity; third, the acquired land is situate adjacent to Tirupati Town,
