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NINALA JAYASURYA, T. MALLIKARJUNA RAO
Yerrabolu Purushotham Reddy – Appellant
Versus
Land Acquisition Officer/ Revenue Divisional Officer – Respondent
JUDGMENT :
T. Mallikarjuna Rao, J.
1. These Land Acquisition Appeal Suits arise out of the Common Order, dated 22.02.2011, passed in O.P.Nos.260 of 2009 and batch and O.P.Nos.263 of 2009 and batch on the file of II Additional Senior Civil Judge, Nandyal (hereinafter referred to as "Reference Court") whereby the compensation for the land acquired was enhanced from Rs.2,63,000/- to Rs.3,90,000/- per acre.
2. This batch of Appeals arises from the same land acquisition Notification dated 06.03.2007 for the land of villages Udumalpuram and Moolasagaram, Nandhyal, Kurnool District and involve common facts and questions; therefore, with the consent of the learned counsels for the parties, all these first Appeals have been heard together treating the L.A.A.S. No.681 of 2011 as the leading first Appeal.
3. For the sake of convenience, the Parties will be hereinafter referred to as per their ranking in the Reference Court.
4. The Government has issued a Notification issued under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). The Land Acquisition Officer
Compensation for acquired land must reflect its market value, determined by comparable sales and potentiality, as per the Land Acquisition Act.
The court determined that compensation for acquired land must be based on realistic market value assessments, rejecting excessive valuations unsupported by evidence.
Market value for compensation must reflect actual conditions and potential of the land, based on comparable sales, excluding speculative advantages from acquisition schemes.
The court affirmed that compensation for acquired land must reflect its market value based on comparable sales prior to acquisition, emphasizing the burden of proof lies with claimants to demonstrate....
The court upheld the Reference Court's compensation enhancement for acquired land, emphasizing the burden of proof on claimants to demonstrate inadequacy of the initial award and reliance on valid ma....
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