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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Ninala Jayasurya, T.Mallikarjuna Rao
B.Venkateswarlu – Appellant
Versus
Special Deputy Collector-cum-Land Acquisition, SRBC, Nandyal – Respondent
ORDER :
Ninala Jayasurya, J.
The appellants / claimants aggrieved by a Common Order dated 08.08.2007 in O.P.Nos.111, 112, 114, 115, 117, 118, 119, 120, 121, 123, 124, 125, 127 and 128 of 2003 on the file of the Court of Principal Senior Civil Judge, Nandyal (hereinafter referred to as ‘the Reference Court’), preferred the present batch of appeals with regard to fixation of market value in respect of three categories of lands acquired from them, the details of which are as follows:
Category No.1:
| Sl.No. | Extent | Survey No. | O.P.No. | LAAS No. |
|---|---|---|---|---|
| 1 | Ac.0.86 cents | 1893/1A | 112 of 2003 | 605 of 2011 |
Category No.2
| Sl.No. | Extent | Survey No. | O.P.No. | LAAS No. |
| 1. | Ac.0.50 cents | 1888 | 118 of 2003 | 597 of 2011 |
| 2. | Ac.10.84 cents | 1866, 1867, 1868, 1869, 1875, 1896/2 | 125 of 2003 | 598 of 2011 |
| 3. | Ac.0.50 cents | 1887/B 1888 | 124 of 2003 | 655 of 2011 |
| 4. | Ac.0.50 cents | 1888 | 123 of 2003 | 585 of 2011 |
| 5. | Ac.2.16 cents | 1889 | 119 of 2003 | 656 of 2011 |
Category No.3
| Sl. No. | Extent | Survey No. | O.P.No. | LAAS No. |
| 1. | Ac.0.06 ½ cents | 1878 | 111 of 2003 | 596 of 2011 |
| 2. | Ac.0.05 ½ cents | 1884 | 121 of 2003 | 604 of 2011 |
| 3. | Ac.0.05 ½ cents | 1883/A | 127 of 2003 | 606 of 2011 |
| 4. | Ac.1.74 ½ cents | 1878 | 128 of 2003 | 615 of 2011 |
| 5 | Ac.1.96 ½ cents | 1884 | 114 of 2003 | 641 of 2011 |
| 6 | Ac.2.01 cents | 1883/A | 115 of 2003 | 642 of 2011 |
Brief facts of th
Market value of acquired land must reflect its potentiality and nature, with appropriate deductions for development costs applied.
In determining compensation under land acquisition, reliance on comparable sales is essential to reflect fair market value, and separate compensation for distinct improvements is permissible.
The court established that uniform compensation must be awarded for land acquired under different acts for the same purpose, to ensure equality and uphold rights to just compensation.
Landowners are entitled to equal compensation for lands acquired under the same notification, regardless of the act under which the acquisition is processed, ensuring compliance with constitutional r....
Acquisition of land – Fixation of market value in a Reference under Section 18(1) of L.A. Act necessarily involves some guesswork – However, guesswork is required to be made by adopting one of well-r....
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....
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