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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Ninala Jayasurya, T Mallikarjuna Rao
Revenue Divisional Officer, Land Acquisition Officer – Appellant
Versus
Jwala Nagendrudu – Respondent
JUDGMENT :
Ninala Jayasurya, J.
Aggrieved by the Common Order dated 18.11.2011 passed in LAOP Nos. 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284 and 285 of 2009 on the file of the Court of II Additional Senior Civil Judge, Nandyal, the present appeals are preferred.
2. Heard Smt.A.Jayanthi, learned Government Pleader appearing for the appellants. Also heard Mr.K.Rathanga Pani Reddy, learned counsel appearing for the respondents.
3. Pursuant to the Notification dated 24.03.2007 issued under Section 4 (1) of the Land Acquisition Act, 1894 (for short ‘the Act’), land of an extent of Ac.8.12 cents situated in various survey numbers of Udumalpuram Village of Nandyal Mandal belonging to the respondents was acquired for the purpose of laying Nandyal-Dhone Railway Line Diversion near River Kundu. The Land Acquisition Officer, after conducting Award Enquiry, fixed the market value @ Rs.2,63,000/- per acre.
4. Dissatisfied with the said fixation, the respondents received the compensation under protest, sought reference under Section 18 of the Act and requested to fix the compensation @ Rs.1,00,00,000/- per acre with all statutory benefits.
5. Before the Reference Court, the respondent
The court determined that compensation for acquired land must be based on realistic market value assessments, rejecting excessive valuations unsupported by evidence.
Compensation for acquired land must reflect its market value, determined by comparable sales and potentiality, as per the Land Acquisition Act.
The main legal point established in the judgment is the determination of market value and the factors to be considered in assessing compensation for acquired land under the Land Acquisition Act, 1894....
Land Acquisition and Requisition – Determination of market value - When market value is sought to be ascertained with reference to a transaction which took place some years before the acquisition, me....
[The court established that the market value of acquired land must include its potential for non-agricultural use, and that failure to consider such potential constitutes an error in determining comp....
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