STATE OF ANDHRA PRADESH Vs. CHENCHARAPU MADHUSUDHAN REDDY

JUDGEMENT

(1.) Since the appeal and the writ petition are interconnected, at the request of the counsel for parties, they are being disposed of by this common judgment. But for the sake of convenience parties would be referred to as they are arrayed in the respective proceedings i.e., petitioner and respondents in the writ petition and appellants and respondents in the appeal.

(2.) As per a Notification under Sec. 4 (1) of the Land Acquisition Act (the Act) made on 21-11-1980, an extent of 31 acres 11 guntas in S.Nos.24,26,464 and 465 of Jangaon village and Taluq, Warangai District was proposed to be acquired for the benefit of A.P. Housing Board (appellant) and on the same day a Notification under Section 6 of the Act also was issued. Notices under Secs. 9 (1), 9(3) and 10 of the Act were issued on 21-5-1981, and after conducting an enquiry on 18-6-1981, advance possession of those lands was taken on 27-6-1981. Some of the persons whose lands were proposed to be acquired filed writ petitions to declare the Notification dated 21-11-1980 in respect of their lands void. Those writ petitions were allowed. The details thereof are like this. Writ Petition No.207 of 1982 filed by T. Taramma and 22 others in respect of 4 acres 12 guntas of land in S. No.464 was allowed on 15-12-1985, Writ Petition No.6397 of 1982 filed by Khaja Moinuddin and 38 others, and Writ Petition No.1943 of 1982 filed by Ahmedi Begum, in respect of the entire land in S.No.24 were allowed on 27-10-1987 and 12-2-1986 respectively, Writ Petition No.7288 of 1982 filed by Srimad Bhagavadgita Ashram in respect of 4 acres 16 guntas from out of 8 acres proposed to be acquired in S. No.465, was allowed on 15-1-1986. Writ Petition No.16139 of 1986 filed by Syed Abdul Wahab in respect of 3 acres 20 guntas in S. No.464, was allowed on 13-7-1987. Subsequently a fresh Notification under Section 4 (1) of the Act for acquisition of 24 acres 14 guntas i.e., 11 acres 9 guntas in S. No.24; 4 acres in S. No.26, 9 acres 5 guntas in S.No.465, was issued on 11-12-1991 and after enquiry an award was passed on 23-4-1996 proposing to pay compensation at the rate of Rs.25.00 per sq. yard, besides 30% solatium on the market value excluding the structural value, interest under Section 34 of the Act at 9% per annum from 27-6-1981 to 27-6-1982 and at 15% per annum for the subsequent period till the date of award. Dissatisfied with the quantum of compensation awarded, the land owners sought a reference under Section 18 of the Act claiming compensation at the rate of Rs.250.00 per sq. yard, which was numbered as O.P. No.13 of 1996 on the file of the Court of the Subordinate Judge, Jangaon. After enquiry, the reference Court fixed the market value of the acquired land at Rs.47.00 per sq. yard besides 30% solatium, 12% additional amount from 27-6-1981 till date of award i.e., 23-4-1996, interest at 9% per annum.from 27-6-1981 for one year and thereafter at 15% till date of deposit, on the market value, solatium and additional interest. The beneficiary (A.P. Housing Board) filed the appeal questioning the enhancement granted by the reference Court, claimants filed cross-objections claiming higher compensation at the rate of Rs.67/- per sq. yard.

(3.) As per the order dated 23-7-1998 in C.M.P. No.12112 of 1998 in the appeal, 5 acres in S. No.24 was deleted from the acquisition proceedings, in pursuance of the compromise entered into between the parties.