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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Ninala Jayasurya, T. Mallikarjuna Rao
Special Deputy Collector – Appellant
Versus
S. Chandrasekhar Reddy – Respondent
JUDGMENT :
T. Mallikarjuna Rao, J.
1. These Land Acquisition Appeal Suits arise out of the Common Order, dated 29.02.2012, passed in LAOP. No.1 of 2008 and batch on the file of Senior Civil Judge, Allagadda (hereinafter referred to as "Reference Court") whereby the compensation for the land acquired was enhanced from Rs.45,000/- to Rs.1,13,000/- per Acre for dry land and Rs.65,000/- to Rs.1,33,000/- per Acre for I.D. land.
2. This batch of Appeals and Cross Objections arise from the same land acquisition Notification dated 28.02.2006 for the land of village Perusomula Village, Sanjamala Mandal, Kurnool District and involve common facts and questions; therefore, with the consent of the learned counsels for the parties, all these first Appeals have been heard together treating the LAAS No.226 of 2013 as the leading first Appeal.
3. For the sake of convenience, the Parties will be hereinafter referred to as per their ranking in the Reference Court.
4. The Government has issued a Notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') dated 28.02.2006. The Land Acquisition Officer fixed the market value of the lands at the rate of Rs.45,000/-
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....
The court upheld the Reference Court's compensation enhancement for acquired land, emphasizing the burden of proof on claimants to demonstrate inadequacy of the initial award and reliance on valid ma....
Compensation for acquired land must reflect its market value, determined by comparable sales and potentiality, as per the Land Acquisition Act.
Market value for compensation must reflect actual conditions and potential of the land, based on comparable sales, excluding speculative advantages from acquisition schemes.
The market value of acquired land must be assessed based on its existing use and geographical situation at the time of the notification, with proper evidence required to substantiate claims for compe....
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