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M. GANGA RAO, T. MALLIKARJUNA RAO
S. Peda Venkata Reddy – Appellant
Versus
Special Tahsildar – Respondent
JUDGMENT :
(M. Ganga Rao, J.)
1. This appeal is initially filed by the original claimant, under Section 54 of the Land Acquisition Act, 1894 [for short, ‘the Act’] against the order and decree passed by the Principal Senior Civil Judge, Eluru, in OP.No.1 of 1985 dated 20.06.2002, pursuant to the order dated 04.09.2001 passed by this Court in AS.No.3845 of 2000 remanding the matter to the Court below; and seeking compensation of Rs.9,79,200/-for 204 Cashew Nut trees with all statutory benefits.
2. The facts that lead to the filing of the present appeal are that the Land Acquisition Officer and Special Tahasildar (LA) Unit No.IV, Jangareddigudem, issued notification under Section 4(1) of the Act, which was published on 10.01.1980, acquiring the land extent Ac.15.81 cents in various survey numbers situated in Vallampatla village for the purpose of ‘Yerrakaluva reservoir scheme’. Out of the said extent, land extent Ac.3.65 cents of dry land in RS.No.76/1A and extent Ac.1.10 cents of dry-wet land in RS.No.90/1B belong to the appellant. Declaration under Section 6 of the Act was published on 25.07.1980. The possession of the land was taken on 01.09.1984. The Land Acquisition Officer and S
The main legal point established in the judgment is the determination of compensation under the Land Acquisition Act, 1894, based on the correct market value of the acquired land and the valuation of....
The main legal point established in the judgment is the determination of just, fair, and reasonable compensation for acquired land and fruit-bearing trees under the Land Acquisition Act, 1894.
The court established that compensation for acquired land and trees must be based on fair market value and supported by credible evidence, with a clear obligation to adhere to established legal prece....
The main legal point established in the judgment is the entitlement of the claimant to an amount of Rs. 6,311/- per Orange tree, based on the adjudication of various proceedings arising from the same....
The court affirmed that reasonable guesswork is permissible in compensation assessments under the Land Acquisition Act, provided it balances equities and is supported by credible evidence.
Compensation for land and trees cannot be awarded separately when determined by income capitalization method, as it includes both values.
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