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ABHINAND KUMAR SHAVILI, LAXMI NARAYANA ALISHETTY
Boya Ashanna – Appellant
Versus
Land Acquisition Officer cum R. D. O. – Respondent
JUDGMENT :
LAXMI NARAYANA ALISHETTY, J.
1. Heard Sri Deepak Bhattacharjee, learned counsel for the appellants-claimants and learned Government Pleader for Appeals appearing for the respondent-Land Acquisition Officer.
2. This appeal, under Section 54 of the Land Acquisition Act, 1894, (for short ‘the Act’) is filed by the claimants challenging the order and decree dated 18.08.2009 passed in O.P. No. 73 of 2005 on the file of the Senior Civil Judge, Gadwal (hereinafter referred to as ‘the Reference Court’).
3. The facts of the case, briefly stated, are that the lands total admeasuring Acs. 11.22 guntas belonging to the appellants-claimants situated at Dharoor Village and Mandal, Mahabubnagar District (presently situated in Gadwal-Jogulamba District, after reorganization of the Districts) were acquired for the purpose of laying of road from Gadwal to Raichur; that draft Notification under Section 4(1) of the Act and draft declaration under Section 6 of the Act were published in A.P. Gazette on 12.01.1978 and that the Land Acquisition Officer, after conducting award enquiry, passed Award No. 9 of 1979, dated 26.04.1979, fixing the market value of the acquired lands @ Rs.900/- per acre for
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 ruled that only comparable sales in proximity should be considered for determining market value in land acquisition cases, rejecting reliance on unrelated transactions.
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.
The highest prevailing market value should be used to determine compensation for acquired lands, rejecting undervalued assessments by the Land Acquisition Officer.
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.
Compensation for acquired lands must reflect fair market value, and similar lands should not receive disparate compensation.
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