P VISHNUVARDHAN REDDY Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) These appeals have a long tail with tiny head.

(2.) Fixation of market value continue to be the never ending issue in Land Acquisition proceedings over a period of half a century. Right from Justice Romer (Vyricherla Narayana Gajapatiraju v. Revenue Divisional Officer, AIR 1939 PC 98), to Justice S. V. Patil (Kasturi v. State of Haryana, (2003) 1 SCC 354, Officer, the Judge made law has been a guiding factor rather than strict interpretation of statutory provisions. Yet, the edifice 'market value' is based on sole principal pillar - price which a willing vendor might reasonably expect to obtain from a willing purchaser. These two obscure personalities per force make the Courts to indulge in a guesswork and create any amount of judicial exercise to feel their pulse to arrive a just and reasonable compensation.

(3.) Turning to the genealogy of these appeals, an extent of Ac.37-23 gts. in S.Nos.461, 462 and 463 and another extent of Ac.1-39 gts. in S.No.431 of Patancheruvu Village of Medak Mandal were acquired for Industrial Development area. Section 4(1) notifications were issued on 11-7-1974 and 2-9-1976 and awards were passed by the Land Acquisition Officer on 26-3-1976 and 9-5-1977 fixing the market value at Rs.4,000/- per acre for the lands covered by A.S. No. 1053 of 1980 and Rs.5,500/- per acre for the lands covered by A.S. No. 1054 of 1980. However, on reference, the reference Court increased the market value and fixed the same at Rs.6,000/- per acre for the lands covered by O.P. No. 135 of 1978 (dated 31-12-1979) corresponding to A.S. No. 1053 of 1980 and Rs. 7,000/ - per acre for the lands covered by O.P. No. 35 of 1978, dated 31-12-1979 corresponding to A.S. No. 1054 of 1980. The reference Court passed common orders dated 31-12-1979 in a batch of O.Ps. including O.P. No. 135 of 1978 and O.P. No.35 of 1978. Not satisfied with the enhancement the claimants carried the matter in appeal in A.S. No.1053/ 80 and 1054/80. While the former appeal relates to the extent of Ac. 37.25 covered by notification dated 11-7-1974, later concerned with Ac. 1-39 gts. covered by notification dated 2-9-1976. The Division Bench of this Court in A.S. No.1053 of 1980 and 1054 of 1980 by separate Orders dated 7-2-1995 fixed the market value at Rs.17/- and Rs.19/- per sq.yd. against which the State filed Special Leave Petition before the Supreme Court. The Apex Court by an order in Special Leave Petition (Civil Appeal) Nos.9532 of 1995 and 9533 of 1995, dated 20-9-2001 set aside the orders of this Court and remanded for fresh disposal, while observing thus: