The court emphasized that documentary evidence is crucial in establishing title in land acquisition disputes and upheld the principle that compensation is due only to the rightful title holder.

JUDGMENT :

U. DURGA PRASAD RAO, J.

1. Aggrieved by the order dated 06.03.2018 in L.A.O.P. No. 1759/1999 passed by learned XII Additional District Judge, Visakhapatnam, holding that first claimant is the title holder of the acquired land of Ac. 111.16 cents under award No. 2/1999, dated 31.05.1999 and the first claimant is entitled to the entire compensation deposited by the L.A.O. the other rival claimants filed the above appeals i.e. Claimant No. 2 filed A.S. No. 635 of 2018; Claimant Nos. 3 & 4 filed A.S. No. 549 of 2018 and Claimant Nos. 5 to 7 & 9 to 16 filed A.S. No. 995 of 2018.

(I) The factual matrix is thus:

(a) At the instance of Additional General Manager, NTPC, Visakhapatnam, the Land Acquisition Officer (LAO) acquired Ac. 111.16 cents in S. No. 461/2B and 461/2C in Block No. XX of Cheepurupalli (West) Village in Paravada Mandal under award No. 2/1999, dated 31.05.1999, for establishment of M/s. Simhadri Thermal Power Project. As there were disputes among claimants 1 to 10, the LAO has made a reference under Section 30 of the Land Acquisition Act, 1894 for judicial determination and deposited the compensation amount.

(b) Learned XII Additional District Judge, Visakhapatnam, took up a enquiry in LAOP No. 1759/1999. Pending enquiry, claimant No. 9 died and his LRs were brought on record as claimants 11 to 16 vide orders in I.A. No. 2522/2000, dated 03.04.2001.

(II) RESPECTIVE CLAIMS OF THE CLAIMANTS:

1.1 The first claimant is the Srikrishna Salt Works, Visakhapatnam. Its case as per claim statement is thus:

(a) The lands covered by the reference are situated in Vada Cheepurupalli which was a Zamin estate. The Ex-Zamindar of Vada Cheepurupalli had leased out some land covered by patta No. 98 to R. Gajapathirao and he used to lease out the same under registered leases from the year 1927. (Ex.A3) He sold away Ac. 350-00 cents of land covered under patta No. 98 to his daughter B.V.S. Narayanarao under registered document dated 29.7.1948 (Ex.A4). But, she used to state that she has purchased Ac. 1400-00 cents under patta No. 98. In the year 1952, B.V.S. Narayanarao has leased out Ac. 807.00 cents to M/s Barat Mining Company under registered document No. 702 dated 10.05.1952 (Ex.A5) for a period of 25 years and handed over the possession. On the same day, M/s Bharat Mining Company has leased out that land to the 1st claimant under the registered document No. 703 (Ex.A6) and handed over possession to the 1st claimant.

(b) The 1st claimant has constructed building and structures on a large extent and started salt production from the year 1952 after obtaining license from the Central Excise Department. On 10.05.1952, Vada Cheepurupalli village was taken over by the Government under ESTATES ABOLITION ACT 1948 (The Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948) (for short “ ESTATES ABOLITION ACT , 1948) and took up survey and settlement operations. B.V.S. Narayanarao has applied to the Assistant Settlement Officer, Vizianagaram for grant of ryotwari patta for an extent of Ac. 800.00 cents. But, she was granted patta only for Ac. 350.00 cents in his C. No. 4560/54, dated 27.12.54 (Ex.A8). B.V.S. Narayanarao has sold the leased land to the 1st claimant under sale deed dated 01.07.1957 (Ex.A9) for Rs.20,000/- and gave possession. In the meanwhile, the village was surveyed.

(c) After finalization of measurements, the land covered by the sale deed came to be Ac. 504-00 cents. In the year 1958, a rough patta was issued in favour of the 1st claimant. Hence, the 1st claimant and B.V.S. Narayana Rao filed revision petition No. 183/62 before the Settlement Officer contending that both of them together entitled to a ryot