NINALA JAYASURYA, T. MALLIKARJUNA RAO
Special Deputy Collector, L. A. HNSS Unit-IV, Kurnool – Appellant
Versus
T. Pulla Reddy – Respondent
JUDGMENT :
NINALA JAYASURYA, J.
1. Heard Smt. A. Jayanthi, learned Government Pleader. Also heard Mr. P. Ganga Rami Reddy, learned counsel for the respondent-claimant in L.A.A.S. No. 871 of 2011.
2. Against the common order dated 13.04.2011 in L.A.O.P. No. 58 of 2007 and batch on the file of the Court of the Prl. Senior Civil Judge, Kurnool, the State preferred the present appeals.
3. For the purpose of excavation of Handri Neeva Sujala Sravanti (HNSS) Main Canal, in Bandi Thandrapadu Village., Land Acquisition notification dated 15.11.2006 was issued under Section 4(1) of the Land Acquisition Act for an extent of Ac.32.96 cents and Draft Declaration under Section 6 of the Act was published on 23.11.2006. During the award enquiry, the Land Acquisition Officer classified the lands into category-I (dry lands) and category-II (irrigation dry lands) and fixed the compensation at Rs.38,200/- and Rs.51,000/- per acre respectively. An Award dated 06.01.2007 in respect of an extent of Ac.5.25 cents and Ac.5.77 cents in Sy. Nos. 160/1A and 160/2A respectively, which are subject matter of appeals was passed. Aggrieved by the said fixation, the claimants sought reference under Section 18 of Land
The market value of acquired land must reflect its potentiality and relevant market transactions, ensuring just compensation under the Land Acquisition Act.
The court established that compensation for land acquisition must be just and fair, based on true market value, regardless of the amount claimed by landowners.
The court established that compensation for acquired land must reflect market value, considering relevant sale transactions, time gaps, and necessary deductions, reaffirming the principle that claima....
While considering the just compensation payable to a land holder, it is not necessary that the Court should confine fixing of compensation based on the compensation actually sought by the claimants a....
The court established that compensation for acquired land must reflect its market value and potentiality, ensuring equality under Article 14 of the Constitution.
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....
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