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ABHINAND KUMAR SHAVILI, LAXMI NARAYANA ALISHETTY
Land Acquisition Officer – Appellant
Versus
Mereddy Laxma Reddy – Respondent
JUDGMENT :
(per Hon’ble Sri Justice Laxmi Narayana Alishetty)
Heard learned Government Pleader for Appeals appearing for the appellant and Sri L.Prabhakar Reddy, learned counsel for the respondent/claimant.
2. This appeal, under Section 54 of the Land Acquisition Act, 1894, (for short ‘the Act’) is filed by the Land Acquisition Officer-cum-Tahsildar, Nalgonda District, aggrieved by the order and decree dated 29.06.2015 passed in O.P.No.40 of 2010 on the file of the Senior Civil Judge, Miryalaguda (hereinafter referred to as ‘the Reference Court’).
3. The brief facts of the case are that lands admeasuring Acs.4.25 guntas, i.e., an extent of Acs.3.00 guntas in Sy.No.124 and an extent of Ac.1.25 guntas in Sy.No.125, situated in the limits of Anumula Village and Mandal, Nalgonda District, belonging to the respondent-claimant were acquired for the purpose of providing house sites to weaker sections of Anumula Village; that draft notification under Section 4(1) of the Act was published in A.P.Gazette on 20.05.1983; and that the Land Acquisition Officer, after conducting necessary award enquiry, passed an Award, dated 01.09.1984, fixing the market value of the acquired lands @ Rs.3,900/- per
The court upheld the principle of uniform compensation for acquired lands of similar nature and purpose, emphasizing the need to avoid discrimination in compensation assessments.
The court ruled that only comparable sales in proximity should be considered for determining market value in land acquisition cases, rejecting reliance on unrelated transactions.
The court upheld the Reference Court's enhancement of compensation for acquired lands, affirming the reliance on sale deeds and evidence as just and reasonable.
Compensation for acquired lands must reflect fair market value, and similar lands should not receive disparate compensation.
The court upheld the market value fixed by the Land Acquisition Officer, affirming that the Reference Court properly evaluated the evidence and did not err in its decision.
The highest prevailing market value should be used to determine compensation for acquired lands, rejecting undervalued assessments by the Land Acquisition Officer.
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