D LAKSHMINARAYANA RAO Vs. D GOPALAKRISHNA RAO

JUDGEMENT

(1.) The order dated 09-04-2007 in O.P. No. 19 of 1997 on the file of the Senior Civil Judge's Court at Asifabad is under challenge in this appeal at the instance of claimants 3 to 5 therein, impleaded as the legal representatives of the deceased D. Lakshminarayana Rao, the 2nd claimant therein.

(2.) he reference under Section 18 of the Land Acquisition Act, 1894 (for short "the Act") for fixing the market value of the acquired land was in pursuance of the original claimant filing an application for reference of the matter to the civil Court while receiving the compensation under protest as per the award, dated 30-06-1995. Ac. 168-12 cents of Danaboinapeta village of Asifabad Mandal were acquired on the requisition of the Executive Engineer, Vattivagu Project Division after due compliance with the formalities of the draft notification under Section 4(1) of the Act on 12-05-1993, draft declaration on 10-11-1993 and taking over of the possession on 06-01-1977. No sale statistics could be obtained, as the village was submerged since 1981-82 and hence, on the basis of the values mentioned in the Basic Value Register maintained by the Registration Department, the compensation was fixed.

(3.) On the death of the original claimant during the pendency of the reference, his legal representatives were impleaded as respondents 3 to 5 as per orders on I.A. No. 131 of 2002 and the 6th respondent was impleaded as per orders on I.A. No. 162 of 2002, dated 18-12-2002.