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ABHINAND KUMAR SHAVILI, LAXMI NARAYANA ALISHETTY
Special Deputy Collector – Appellant
Versus
Ponaganti Muthyam Rao – Respondent
JUDGMENT :
Laxmi Narayana Alishetty, J.
Heard learned Government Pleader for Appeals appearing for the appellant and Sri P.Devender, learned counsel for the respondents-claimants.
2. This appeal, under Section 54 of the Land Acquisition Act, 1894, (for short ‘the Act’) is filed by the Special Deputy Collector (Land Acquisition Officer), Huzurabad, challenging the order and decree dated 08.11.2006 passed in O.P.No.50 of 1997 on the file of the Senior Civil Judge, Huzurabad (hereinafter referred to as ‘the Reference Court’).
3. The brief facts of the case are that on a requisition made by the Executive Engineer, Jammikunta, the lands belonging to the respondents/claimants to a total extent of Acs.34.11 guntas situated in the limits of Narsingapur and Kanaparthy Villages, H/o Veenavanka Mandal, were acquired for excavation of 12L-R IL to 12 to DBM-15 in the limits of Narsingapur and Kanaparthi of Veenavanka Mandal, Karimnagar District; that the draft notification under Section 4(1) of the Act was published in A.P. Gazettee on 07.05.1985; and that the Land Acquisition Officer, after conducting necessary award enquiry, passed Award No.15/87-88, dated 11.08.1987, fixing the market value of t
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 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 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 burden of proof lies with claimants to establish a higher market value than that fixed by the Reference Court, which was upheld as reasonable.
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.
Market value for compensation must reflect actual conditions and potential of the land, based on comparable sales, excluding speculative advantages from acquisition schemes.
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