THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA CIVIL REVISION PETITION No.1215 of 2007

ORDER:

This Civil Revision Petition is filed by the petitioner/Referring Officer being aggrieved by the order, dated 06.11.2006 passed in O.P No.76 of 1995 by the I Senior Civil Judge, City Civil Courts, Hyderabad.

2. The brief facts of the case are that the Special Deputy Collector and Land Acquisition Officer (petitioner herein) filed an application under Section 152 of the Code of Civil Procedure (C.P.C.) seeking amendment of the decree passed in O.P. No. 76 of 1995. The claimants (respondents herein) had earlier filed O.P. No. 76 of 1995 pursuant to a reference made under Section 18 of the Land Acquisition Act, 1894 (for short “the LA Act”) by the Special Deputy Collector (General), challenging the award passed by him in File No. C/1284/80 dated 31.08.1994. The claimants were dissatisfied with the market value fixed at Rs.700/- per square yard, as against their claim for Rs.3,000/- per square yard, and had raised objections accordingly. The Reference Court has not gone into the entire material placed before it. However, after considering the contentions of both the counsel for the claimants and the learned Assistant Government Pleader, the Reference Court has enhanced the compensation. The point that arose before the Reference Court was ‘whether the claimants/respondents herein are entitled to seek enhancement of the market value of their acquired property to Rs.3,000/- per square yard, the value of the structures to Rs.9,000/-, and whether they are entitled to claim interest, if so, from 30.12.1983’. The learned Reference Court came to the conclusion that the Land Acquisition Officer has rightly observed that the possession of the acquired property had not yet been taken, and as such, interest was not granted. The Reference Court is of the view that the findings of the Land Acquisition Officer regarding the denial of interest and the fixation of structural value on the acquired land are unassailable, and the claimants are not entitled to those reliefs. Hence, the aforesaid points were partly answered in favour of the claimants with respect to the enhancement of market value, and partly against them with regard to the structural value and the interest component on statutory reliefs. In the result, the Court has fixed the market value of the acquired property at Rs.1,200/- per square yard, as against the earlier value of Rs.700/- per square yard. Further awarded that the claimants/respondents are entitled to claim an amount at 12% per annum on the enhanced market value of Rs.1,200/- per square yard under Section 23(1-A) of the Act, and 30% solatium on the newly fixed market value as stipulated under Section 23(2) of the LA Act. The compensation amount, if already paid, shall be deducted from the above reliefs. Accordingly, the OP was partly allowed and partly dismissed with respect to the enhancement of the structural value to Rs.9,000/- and the interest claim. In so far as the case of claimant No. 2, he is entitled to withdraw the enhanced compensation and related benefits only after obtaining clearance from the Urban Land Ceiling Authority in C.C. No. 1284 of 1980. The Land Acquisition Officer/petitioner herein shall deposit the enhanced compensation amount within three months from today.

3. Pursuant to the said order passed by the reference Court in O.P No.76 of 1995, a decree was prepared by the Office of I Senior Civil Judge, City Civil Courts, Hyderabad, which reads as follows:

“1. The O.P is allowed party.

2. That the market value of the acquired land be and same is hereby fixed at Rs.1,200 per sq.yd by raising the same from Rs.700/- per sq.yd fixed by the Land Acquisition Officer.

3. The claimants be and same are entitled to additional amount at 12% per annum on the market value at Rs.1,200/- now fixed as provided under Section 23(1-A) of Land Acquisition Act from the date of publication of 4(1) notification till the date of award.

4.