SPECIAL DEPUTY COLLECTOR Vs. G SESHAGIRI RAO

JUDGEMENT

(1.) The common question that arises for consideration in both the above revision petitions is about the availability of the additional benefits conferred under the Land Acquisition (Amendment) Act, (Act 68 of 1982) (hereinafter referred to as the "Amended Act").

(2.) The facts leading to the filing of the above two revision petitions are briefly as follows. The land belonging to the respondents herein was acquired for the purpose of the Andhra Pradesh Agricultural University, Rajendranagar. The Notification under Section 4(1) of the Land Acquisition Act (for short "the Act") was issued on 20th February, 1964. The Land Acquisition Officer after inquiry, passed the award on 30-10-1971. On a reference made to the Civil Court under Sec.18 of the Act, the learned Chief Judge City Civil Court, Hyderabad enhanced the compensation by his order dated 13-10-1974. The matter was carried in appeal to the High Court as well as the Supreme Court and the compensation granted by the Civil Court was confirmed by the High Court and the Supreme Court by judgments dated 24-6-1974 and 17-7-1975 respectively.

(3.) The claimants in the execution petitions claimed the additional benefits granted under the Amended Act. The execution petitions were opposed by the Land Acquisition Officer on the ground that unless and until the decrees are amended the learned Chief Judge, City Civil Court has no jurisdiction to pass orders in the execution petitions granting the additional benefits under the amended Act. The learned Chief Judge, City Civil Court has repelled that objection of the Land Acquisition Officer and ordered execution, Challenging the orders of the learned Chief Judge, City Civil Court in E.P.No.1 of 1988 in O.P.No.32 of 1971 and E.P.No.2 of 1988 in OP.No.97 of 1971, Civil Revision Petitions No.432/92 and 433/92 respectively are preferred.