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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN, VAKITI RAMAKRISHNA REDDY
Manda Kanakaiah – Appellant
Versus
Special Deputy Collector – Respondent
JUDGMENT :
Vakiti Ramakrishna Reddy, J.
1. This Land Acquisition Appeal, filed under Section 54 of the LAND ACQUISITION ACT , 1894 (hereinafter referred to as “the Act”), is directed against the Order and Decree dated 19.01.1984 passed in O.P. No. 865 of 1982 on the file of the Subordinate Judge, Karimnagar (hereinafter referred to as the “Reference Court”).
2. By the impugned order, the Reference Court enhanced the compensation awarded by the Land Acquisition Officer (for short, “LAO”) from Rs.1,320/- per acre to Rs.3,500/- in respect of dry lands and from Rs.2,720/- to Rs.5,000/- in respect of wet lands, which were acquired for the purpose of submergence under Lower Manair Dam (LMD) Reservoir.
3. Aggrieved by the said enhancement being inadequate, the present Appeal is filed by the Appellants, who are the legal heirs of the claimant/original owner.
I. FACTUAL BACKGROUND
4. The Appellants herein are the legal heirs of the petitioner in O.P. No. 865 of 1982 before the Reference Court by virtue of a succession certificate obtained by them vide O.P.No.394 of 1997. The lands of the petitioner therein (father of the appellants) in O.P. No. 865 of 1982 i.e., the lands situated in Hasanpur V
Court emphasized the need for uniformity in compensation for similarly situated lands to ensure fairness, allowing for enhanced compensation under statutory provisions.
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 court determined that compensation for acquired land must reflect fair market value, aligning with previous awards for similar properties.
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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