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VENKATA JYOTHIRMAI PRATAPA
Polamreddy Venkata Ramana Reddy – Appellant
Versus
Special Deputy Collector – Respondent
JUDGMENT
1. Claimants Nos.,6 and 7 in L.A.O.P.No.57 of 1990 moved the instant Civil Miscellaneous Appeal under Order 43 Rule 1 of Civil Procedure Code, 1908 (for brevity 'the Code, 1908') impugning the Order dtd. 13/8/2004 in I.A.No.14 of 1998 on the file of the learned Senior Civil Judge, Gudur, filed under Order 9 Rule 9 r/w Sec. 151 of the Code, 1908 seeking to restore the L.A.O.P. to file.
2. Heard the submissions of Sri P. Sridhar Reddy, learned counsel for the Appellants/Claimant Nos.,6 and 7 and the learned Government Pleader appearing for the respondent. Perused the material on record.
3. Bereft of unnecessary details, the facts leading to preferring this appeal in brief are as follows:
3.1. The lands of the Appellants/Claimant Nos.,6 and 7 were acquired by the Government for the purpose of Kandalaru Reservoir under Telugu Ganga Project at Tamancherla Village.
3.2. The claimants received the compensation amount under protest.
3.3. Thereupon, the Special Collector, Land Acquisition, made a reference of the matter to the Court under Sec. 18 of the Land Acquisition Act (for brevity 'the Act') which culminated into L.A.O.P.No.57 of 1990 on the file of learned Senior Civil Judge, Gud
A reference Court is bound to issue notice to all interested persons and proceed to determine the reference under Sec. 20 of the Land Acquisition Act, even if the person at whose instance the referen....
The main legal point established in the judgment is that the reference Courts are required to decide the claims on merits, and the claimants are entitled to lead evidence in support of their claim fo....
The reference proceedings under Section 18 of the Land Acquisition Act cannot be dismissed for non-prosecution, and the reference court must determine the market value afresh based on the material pr....
The reference proceedings under Section 18 of the Land Acquisition Act should be decided on merits, and claimants should be given the opportunity to lead evidence in support of their claim for enhanc....
The main legal point established is that the reference Court must decide the claim on merits and determine the market value afresh based on the material produced before it, following the guidelines s....
The reference Court must treat the reference as an original proceeding and determine the market value afresh based on the material produced before it. The award under Section 26 of the Land Acquisiti....
The Land Acquisition Act mandates that all compensation references must be adjudicated on merits, and dismissal due to procedural delays violates constitutional rights to fair compensation.
The court clarified that under the Land Acquisition Act, only one award is envisaged, and no Supplementary Award is contemplated. It emphasized that any grievance regarding non-determination of compe....
The court must decide land acquisition reference applications on merits, with limitation issues addressed only after proper issue framing.
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