LAWS(SC)-2009-4-161

MOHAMMAD RAOFUDDIN Vs. LAND ACQUISITION OFFICER

Decided On April 13, 2009
MOHAMMAD RAOFUDDIN Appellant
V/S
LAND ACQUISITION OFFICER Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal by the claimant-land owner is to the judgment and order dated 16th September, 2004 rendered by the High Court of Judicature Andhra Pradesh at Hyderabad in A.S. No. 1472 of 1999 filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") for enhancement of the amount of compensation. By the impugned judgment, the High Court has affirmed the award made by the Reference Court, Medak in O.P. No. 25 of 1993 dated 31st December, 1998 and dismissed the appeal preferred by the appellant.

(3.) Lands measuring 4 acres 2 guntas situated in Survey No. 434, Manthoor village of Pulkal Mandal in Medak District of Andhra Pradesh were acquired for a public purpose, namely for submergence under the Singnoor project by issuing a Notification under Section 4(1) of the Act on 15th July, 1987. The possession of the land was taken on 19th November, 1987. Pursuant to the notice issued under Section 9 of the Act, the appellant filed a statement claiming compensation for the land at Rs. 25/- per square yard. An additional amount at the rate of Rs. 5,000/- per year was claimed as damages on account of "ill" dispossession by the government. After following the requisite procedure, the Land Acquisition Officer made an award on 18th March, 1989, fixing the compensation at the rate of Rs. 9,000/- per acre.