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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ABHINAND KUMAR SHAVILI, TIRUMALA DEVI EADA
Special Deputy Collector/Land Acquisition Officer – Appellant
Versus
Gaini Chinna Yellaiah, S/o.Venkaiah – 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 Special Deputy Collector, SRSP, Pochampad, Nizamabad District, aggrieved by the order and decree dated 01.03.2012 passed in O.P.No.05 of 2006 by the learned Senior Civil Judge at Nirmal (hereinafter referred to as ‘the Reference Court’).
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 based on the requisition made by the Deputy Executive Engineer, Division Land Acquisition Rehabilitation SRSP Pochampad, the agricultural lands of the claimants in Godesera Village, Lokeshwaram Mandal have been acquired, for the purpose of submergence under Sriramsagar Project. A draft notification and draft declaration proposals have been published in the Gazette on 05.11.2002 and 06.11.2002 respectively. After conducting due enquiry, the Land Acquisition Officer has granted Rs.3,500/- per acre including statutory benefits. Aggrieved by the said award, the claimants have filed a petition for reference and the same was referred under Section 18 of the Act to
Compensation for land acquisition must be calculated based on statutory provisions, with additional market value awarded from notification date, and interest from dispossession date.
The court upheld the Reference Court's enhanced compensation for acquired land, emphasizing the need for evidence-based valuation while modifying the interest rate to 9% per annum from the date of aw....
The acquiring authority to award additional interest by way of damages @ 15% per annum from the date when respondents-claimants were dispossessed till the date of notification under Section 4 of Act.
The court determined that compensation for acquired land must reflect fair market value, aligning with previous awards for similar properties.
The court upheld the trial court's enhanced compensation ruling, emphasizing that higher market values must be considered in land acquisition cases, allowing for smaller sales as indicators under pro....
The main legal point established in the judgment is the determination of fair compensation for acquired lands based on the prevailing market rate and the evidence presented to establish the market va....
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