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NINALA JAYASURYA, T. MALLIKARJUNA RAO
Special Deputy Collector/Land Acquisition Officer, R. G. P. , Nandyal – Appellant
Versus
G. Vijaya Bhaskar, S/o. late G. C. Subbaiah – Respondent
JUDGMENT:
(Ninala Jayasurya, J.) :
Feeling aggrieved by the common order dated 06.8.2010 of the II Additional Senior Civil Judge, Nandyal in Original Petition Nos.424, 425 and 426 of 2009 enhancing the compensation from Rs.12,600/- to Rs.34,600/- per acre, the present appeals have been preferred.
2. For excavation of 8R Sub-Minor of Singavaram Major Distributory Canal from KM 0.000 to 1.270 KM in Block No.6 of Telugu Ganga Project, a Gazette Notification dated 12.1.1996 under Section 4(1) of the Land Acquisition Act, 1894 was issued for acquisition of total extent of Acs.4.01 cents situated in various survey numbers of Ramapuram Village, Bandi Atmakur Mandal. The Draft Notification was published on 15.6.1996 and after issuing Draft Declaration, Award enquiry was conducted on 07.12.2001 and 26.12.2001. Subsequently, Award No.6 of 2001 dated 31.12.2001 was passed. For the purpose of awarding compensation, the Land Acquisition Officer had classified the subject matter lands as rainfed dry lands and fixed the market value at Rs.12,600/- per acre, while allowing the other benefits of solatium, additional market value etc. Dissatisfied with the market value fixed by the Land Acquisition O
The court affirmed that compensation for land acquisition must reflect fair market value, supported by evidence, ensuring just compensation for claimants.
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 land acquisition must be just and fair, based on true market value, regardless of the amount claimed by landowners.
The court considered the similarity with a previous case to determine entitlement to compensation and escalation rate, modifying the Reference Court's decision
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....
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