THE HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

AND

THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA

L.A.A.S.Nos.609, 610 AND 611 OF 2017

AND

CROSS OBJECTIONS Nos.28, 29 AND 30 OF 2022

COMMON JUDGMENT:

(Per Hon’ble Sri Justice Abhinand Kumar Shavili)

Since the issue involved in all these appeals and cross

objections is one and the same, all these appeals and cross objections are being heard and disposed of by way of this common

judgment.

2. When the matters are taken up for hearing, learned counsel appearing for the cross objectors-claimants had informed the Court that the lands in question were acquired by the State for the purpose of excavation and forming embankment of parallel canal from Priyadarshini Jurala Project. The State has acquired large extent of land for the said purpose. When some of the land losers sought reference, the reference Court has fixed the compensation at Rs.385/- per Square Yard in O.P.No.7 of 2011, dated 13.04.2017. Aggrieved by the same, the State has preferred an appeal before this Court and the same was numbered as L.A.A.S.No.599 of 2017

and the claimants therein have also preferred an appeal i.e. L.A.A.S.No.50 of 2021 seeking further enhancement of vide compensation, and a Division Bench of this Court common judgment, dated 28.09.2022, was pleased to dismiss the appeal preferred by the State and allowed the appeal preferred by the claimants therein and enhanced the compensation from Rs.385/- per Square Yard to Rs.700/- per Square Yard. Aggrieved by the common judgment, dated 28.09.2022, the State has carried the matter to the Honourable Supreme Court by filing S.L.P.(Civil).No.1918 of 2024 and the Honourable Supreme Court vide was pleased to dismiss the same order, dated 10.07.2024. Therefore, the subject matter of the present cases is squarely covered by the common judgment, dated 28.09.2022, rendered by this Court in L.A.A.S.Nos.599 of 2017 and 50 of 2021. Therefore, following the aforesaid judgment, dated 28.09.2022, the appeals preferred by the State are liable to be dismissed and the cross objections preferred by the claimants deserve to be allowed, by enhancing the market value of the acquired land to Rs.700/- per Square Yard.

3. Learned Government Pleader for Appeals appearing for the appellant did not dispute the same.

4. In view of the same, this Court is of the considered view that the appeals preferred by the State are liable to be dismissed and the cross objections preferred by the claimants deserve to be allowed by enhancing the market value of the acquired land to Rs.700/- per Square Yard.

5. Accordingly, L.A.A.S.Nos.609, 610 and 611 of 2017 are dismissed and Cross Objections Nos.28, 29 and 30 of 2022 are allowed, in terms of the common judgment, dated 28.09.2022, rendered by this Court in L.A.A.S.Nos.599 of 2017 and 50 of 2021, which was confirmed by the Honourable Supreme Court, and the market value of the acquired land is enhanced to Rs.700/- per Square Yard with all statutory benefits as stipulated under the amended Land Acquisition Act. However, it is made clear that the cross objectors shall pay deficit Court Fee, if any, on the enhanced compensation amount. There shall be no order as to costs.

Miscellaneous Applications, if any, pending shall stand closed.

________________________________ ABHINAND KUMAR SHAVILI, J __________________________ TIRUMALA DEVI EADA, J Date: 28.04.2025.

prat THE HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA L.A.A.S.Nos.609, 610 AND 611 OF 2017 AND CROSS OBJECTIONS Nos.28, 29 AND 30 OF 2022