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NINALA JAYASURYA, T. MALLIKARJUNA RAO
Special Deputy Collector (LA) SRBC, Nandyal – Appellant
Versus
P. Pedda Pullanna – Respondent
JUDGMENT :
1. Heard Smt. A. Jayanathi, learned Government Pleader for the appellants. Also heard Mr. Upendra, learned counsel representing the respondents/Cross objectors.
2. Aggrieved by the Common Order dated 30.08.2008 in LAOP No. 384 of 2003 & batch on the file of the Court of the Principal Senior Civil Judge, Nandyal, the present appeals have been preferred.
3. For the purpose of excavation of major canal in 9th block of Srisailam Right Bank Canal (SRBC), a Draft Notification under Section 4 (1) of the Land Acquisition Act, 1894 (for short ‘the Act’) for acquisition of land to an extent of Ac.20.32 cents in different survey numbers of Banaganapalle Village was issued on 17.04.1998. The Draft Declaration was published in the Andhra Pradesh Gazette on 30.04.1998. In the enquiry conducted by the Land Acquisition Officer, the respondents/claimants participated. The Land Acquisition Officer classified the lands under acquisition into two categories i.e., Category 1 – Dry lands fed with rain water and Category 2 - Dry lands having irrigation potentialities and fixed the compensation @ Rs.30,000/- and Rs.43,000/- respectively. The respondents/ claimants dissatisfied with the said fixati
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 market value of acquired land must reflect its potentiality and relevant market transactions, ensuring just compensation under the Land Acquisition Act.
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 market value, considering relevant sale transactions, time gaps, and necessary deductions, reaffirming the principle that claima....
The court affirmed that compensation for land acquisition must reflect fair market value, supported by evidence, ensuring just compensation for claimants.
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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