MITTAPALLY RAJYALAXMI Vs. LAND ACQUIISITION OFFICER

JUDGEMENT

(1.) An extent of Acs.10.00 of land in Survey No. 214 of Easgaon Village, Kagaznagar, Adilabad District was notified for acquisition for the purpose of doubling the railway line by the South Central Railway. A notification under Section 4(1) of the Land Acquisition Act (for short 'the Act') was published. The appellants and respondents 2 and 3 filed separate claims for compensation before the Land Acquisition Officer, the 1st respondent herein. An award was passed on 18.02.1990 fixing the market value. However, since there was no unanimity as to the entitlement to receive the compensation, the 1st respondent referred the matter to a civil Court under Section 30 of the Act. The Court of Subordinate Judge, Asifabad took up the reference as O.P. No. 43 of 1991. While the appellants figured as claimants 5 to 14, respondents 2 and 3 figured as claimants 3 and 4 in the O.P. The case of the appellants was that the land was owned by respondent No. 2 and he, in turn, sold the same in their favour under an agreement of sale, dated 15.02.1967 (Ex. B5) and possession was also delivered. It was also mentioned that when there was interference from respondent No. 2 with their possession, they filed O.S. No. 10 of 1984 in the Court of the District Munsif, Sirpur for the relief of declaration of title and injunction and that the said suit was decreed on 05.03.1994 (Ex. B3). They also pleaded that their possession over the property till it was acquired is evident by the pahani patrikas and other documents, Exs. B6 to B31.

(2.) Respondent No. 2 on the other hand, pleaded that he never sold the property to the appellants or to any other person and that he continued to be the owner of the property. He stated that he was issued pattadar pass books and title deeds in respect of the land and he alone is entitled to be paid the compensation.

(3.) Respondent No. 3 pleaded that he was the original owner of the property and he being a Tribal, the purchase of the land made by respondent No. 2 from him is opposed to the provisions of the A.P. Scheduled Area Land Transfer Regulations (for short 'the Regulations') and that the compensation is to be paid to him.