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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ABHINAND KUMAR SHAVILI, TIRUMALA DEVI EADA
Lao Asifabad – Appellant
Versus
Tudur Vittal – Respondent
JUDGMENT :
(Tirumala Devi Eada, J.)
This appeal, under Section 54 of the LAND ACQUISITION ACT , 1894, (for short ‘the Act’) is preferred by the Land Acquisition Officer, Sub-Collector, Asifabad, Adilabad District, aggrieved by the order and decree dated 22.12.2010 passed in O.P.No.58 of 2000 by the learned Senior Civil Judge at Asifabad (hereinafter referred to as ‘the Reference Court’). X-Objections No.18411 OF 2011 are filed by the claimants.
2. For convenience and clarity, the parties herein are referred to as they were arrayed before the Reference Court.
3. The facts of the case in brief are that the Mandal Revenue Officer, Kaghaznagar sent a proposal for acquisition of lands in Sy.No.90 admeasuring Ac.17-19 cents of Kothapeta village for providing house sites to weaker sections. The draft notification under Section 4(1) of the Act was published in the Gazette on 17.02.1996. After conducting due enquiry, the Land Acquisition Officer has fixed the market value of the acquired land @ Rs.49,000/- per acre and also fixed Rs.2,000/- for one drinking water well and Rs.35,000/- for irrigation well, valued two tiled houses @ Rs.5,000/- each, apart from awarding statutory benefits. Aggrie
Compensation for land acquisition must reflect fair market value, as evidenced by relevant sales statistics, ensuring just compensation to claimants.
Compensation for acquired lands must reflect fair market value, and similar lands should not receive disparate compensation.
While considering the just compensation payable to a land holder, it is not necessary that the Court should confine fixing of compensation based on the compensation actually sought by the claimants a....
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