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2016 Supreme(AP) 152

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
Vilas V. Afzulpurkar and B. Siva Sankara Rao, JJ.
P. Narasim liulu - Petitioner
Versus
Land Acquisition Officer, Madanapalle and others - Respondent
Review L.A.A.S.M.P. No. 410 of 2015 in L.A.A.S. No. 170 of 2007
Decided on : 29-2-2016.

Advocates:
Advocate Appeared:
For the Petitioner: P. Narasimhulu (Part-in-person).
For the Respondent: Government Pleader for Appeals (A.P.).

Headnote:

Constitution of India,1950 - Articles 31(2), 3(5)(a) and 19(1)(f) - Land Acquisition Act - Section 23(1) clauses (3) or (4) and 5-A - Judgment and decree - Dispensing enquiry - Judgment and decree in L.A.A.S. No. is covered by common judgment with reference to L.A.A.S. Nos. filed by Land Acquisition Officer against judgment and decree in O.P.No. of learned Senior Civil Judge. Madanpalle, showing claimants as respondent including legal representatives of late claimant - Appeal by claimants and one set of appeal by Land Acquisition Officer against judgment and decree – Held, Court on its scope further held review jurisdiction is limited and not exercised for rehearing of case, nor to be exercised on pointing out any insignificant factual error in order under review - There are no grounds in support of petitioner to review impugned judgment point No - Accordingly answered against him - Petition is, dismissed

ORDER:

Dr. B. Siva Sankar Rao, J.

The review petitioner Sri. P. Narasimhulu as party-in-person sought for review of the Judgment and decree dated 12-8-2009 in L.A.A.S. No. 170 of 2007, which is covered by common judgment with reference to (1) L.A.A.S. Nos. 163 of 2007 filed by Land Acquisition Officer against judgment and decree dated 20-11-2006 in O.P.No. 85 of 1995 of learned Senior Civil Judge. Madanpalle, showing the claimants as respondent Nos. 1 to 17 including legal representatives of late claimant No. 8 as 16 and 17 and the review petitioner was Respondent No. 11 therein, (2) L.A.A.S. No. 1024 of 2007 filed by 10 claimant, (3) L.A.A.S. No. 173 of 2007 filed by one of the claimants i.e., Respondent No. 12 Sulochanamma of L.A.A.S. No. 163 of 2007 and (4) L.A.A.S. No. 170 of 2007 filed by the present review petitioner/R-11 of 163 of 2007. Thus, there are three sets of appeal by claimants and one set of appeal by the Land Acquisition Officer against the judgment and decree dated 20-11-2006 of O.P. No. 85 of 1995 covered by comma judgment dated 12-8-2009 of the Honourable Division Bench consisting of Justice B. Prakash Rao, since retired and Justice Vilas V. Afzulpurkar, one of us. The review sought for is based upon the order of the Honourable Apex Court dated 7-4-2015 in Civil Appeal No. 8263 of 2009.

2. The factual matrix required to mention in nutshell is that based on the requisition of the General Manager (P&L), A.P.I.I.C Limited, Hyderabad for establishment and expansion of Industrial Development Area by said A.P.I.I.C. Limited for acquisition of Ac. 87.53 cents of land at Valasapalle village of Madanapalle Mandal viz., Ac. 1-81 cents in S.No. 503, Ac. 0-63 cents in S.No. 502, Ac. 3-06 cents of S.No. 486 and Ac. 1-06 cents out of Ac. 2-30 cents in S.No. 488/489 and Ac. 80-81 cents in S.No. 485 within its sub-divisions was acquired under the Land Acquisition Act, 1894 (for short, 'the Act') vide notification under Section 4(1) of the Act, published in the Andhra Pradesh Gazette (Extraordinary) dated 10-2-1994 by dispensing enquiry under Section 5(A) of the Act invoking urgency under Section 17(4) of the Act by appointing Revenue Divisional Officer, Madanpalle to perform the functions of the Collector for the purpose of acquisition and after declaration under Section 6 of the Act, was published in the Andhra Pradesh Gazette (Extraordinary) dated 20-2-1994 and same were also published in local daily newspapers respectively and other publicity at village and hamlets in the locality. Out of Ac. 80-97 cents acquired from Ac. 83.81 cents in S.No. 485, the land belongs to the review petitioner - Sri P. Narasimhulu is about Ac. 39-20 cents or so, besides some other extent out of S.No. 488/499 and also some other extent in S.No. 503. The Land Acquisition Officer by award No. 1/GPM/ 94.95, dated 25-8-1994 based on the claim made by the respective claimants of the market value at Rs.1,50,000/- per acre (vide page Nos. 12 and 13 of the award), and by referring to the Photostat copies of the documents of January, 1994 and by saying the proposal for acquisition was initiated in the year 1992 itself leave about the claim additionally for trees also, with 30% solatium on market value, 12% as additional market value on the land value from the date of draft notification to the date of award, fixed the market value by dividing the acquired land into three categories of the value ranging from Rs.30,000/- to Rs.40,000/- per acre for cultivable and Rs.15,000/- to Rs.20,000/- for the uncultivable lands on the following criteria :- The lands proposed for acquisition from the inspection with reference to the survey and sub-division records scrutinised indicates at a distance of six kilometres from Madanapalle town towards Eastern side of Madanapalle-Chittoor and out of total extent of Ac.80-97 cents proposed for acquisition in S.No. 485/3, an extent of Ac.5-84 cents completely covered by rocks and an extent of Ac. 13-16 cents covered by hillock



























































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