MADDISETTI BHARTHI Vs. SPECIAL DEPUTY COLLECTOR

JUDGEMENT

(1.) The appellants in this land acquisition appeal are the claimants in L.A.O.P. No. 85 of 1999 on the file of the Senior Civil Judge, Gudur. Impugning the Order, dt. 16.04.2007 passed by the reference court on the ground of inadequacy of compensation, the present appeal is preferred. Facts in brief are that an extent of Ac. 10-25 cents of land belonging to the claimants, comprised in survey Nos. 354/1A & 354/1B of Penubarthy Village of Rapur Mandal, with pomegranate trees standing thereon, was acquired for the purpose of foreshore submersion of Kandaleru reservoir under Telugu Ganga Project. Notification under Section 4(1) of the Land Acquisition Act ('the Act') was issued on 25.07.1994; it was followed by declaration under Section 6 of the Act; and thereafter the Land Acquisition Officer passed an award on 31.07.1996, fixing the market value of the trees and lands therein and eventually the same was enhanced by the reference Court as follows:

(2.) Aggrieved by the order passed by the reference court, especially with regard to the value fixed for the pomegranate trees, the landowners have filed the present appeal.

(3.) The learned counsel appearing for the appellants has contended that Government issued G.O.Ms. No. 338/63/1988 to fix the market value of different fruit bearing trees, but the guidelines given in the said GO have been ignored by the reference Court without any basis. It is contended that despite numerous precedents laid down by the Supreme Court as well as this Court, the primary authority and the reference Court have not taken into account the multiplier method to fix the value of the fruit bearing trees. The LAO and the reference Court have given a very summary treatment to all the claims made by the appellants.