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IN THE HIGH COURT OF TELANGANA
ABHINAND KUMAR SHAVILI, LAXMI NARAYANA ALISHETTY
Special Deputy Collector, L.A.O, SRSP – Appellant
Versus
Bhukya Bhavusingh – Respondent
JUDGMENT :
(Laxmi Narayana Alishetty, J.)
Heard learned Government Pleader for Appeals appearing for the appellant-Land Acquisition Officer and Sri J.Vekateshwara Reddy, 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, Warangal, aggrieved by the order and decree dated 07.04.2017 passed in O.P.No.10 of 2017 on the file of the Senior Civil Judge, Mahabubabad (hereinafter referred to as “the Reference Court’).
3. In brief, the facts of the case are that on a requisition made by the Executive Engineer-I, SRSP, Stages-I & II, Division-3, Thorrur, the subject lands totally admeasuring Acs.3.16 guntas in Sy.Nos.471, 474, 41 and 131 situated in the limits of Veeraram Village of Maripeda Mandal, Mahabubabad District, were acquired for excavation of 14L of DBM-60 from KM 0.000 to 7.225 on KC under SRSP, Stage-II; that Draft Notification under Section 4(1) of the Act was published in the A.P. Gazette on 04.08.2006; that Draft Declaration under Section 6 of the Act was published in the A.P. Gazette on 05.08.2006; that after following the proce
Compensation for acquired lands must reflect fair market value, and similar lands should not receive disparate compensation.
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.
Compensation for land acquisition must reflect fair market value, as evidenced by relevant sales statistics, ensuring just compensation to claimants.
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 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.
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.
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