HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA APPEAL SUIT No.3980 of 2003

JUDGMENT:

(per Hon’ble Smt. Justice Tirumala Devi Eada)

This appeal, under Section 54 of the Land Acquisition Act, 1894, (for short ‘the Act’) is preferred by the Revenue Divisional Officer, Adilabad, aggrieved by the order and decree dated 17.07.2003 passed in O.P.No.87 of 1999 by the learned Senior Civil Judge at Adilabad (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 the land to an extent of Ac.01-29 guntas situated at Ratnapur Village of Talamadugu Mandal was acquired. The draft notification under Section 4(1) of the Act was approved on 20.08.1997. After conducting due enquiry, since there was no sales statistics available as the property is situated in scheduled area, the Land Acquisition Officer has fixed the market value based on the yield of the land by following capitalization method. He has taken the value of cotton for three years from the date of approval of notification i.e. for the year 1994-

95,