UNION OF INDIA Vs. B METTU RAMA REDDY

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order dated 31-10-2011 passed in E.F. No. 140 of 2003 in O.P. No. 121 of 1987 by the I Senior Civil Judge, City Civil Courts, Hyderabad. The land of respondents 1 to 4 admeasuring about Ac. 12.23 guntas in Survey No. 93/2 of Tokatta village, Secunderabad Mandal is under occupation of the Defence Establishment since 1941. There are some disputes as to the nature of the occupation. It is alleged that the lease amount was paid up to the year 1956 and thereafter it was stopped.

(2.) Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short "the Act") was issued on 15-02-1973 for acquisition of Ac. 8.19 cents of land and similar notification was published on 05-02-1976. After taking the other steps required under the Act, common award was passed on 23-09-1986. The Land Acquisition Officer determined the market value @ Rs. 7.52 ps. per square yard. Not satisfied with the compensation awarded to them, the respondents sought for reference under Section 18 of the Act.

(3.) The reference was taken up as O.P. No. 121 of 1987 by the Court of I Senior Civil Judge, City Civil Court, Hyderabad. Through its order dated 21-12-1998, the trial Court enhanced the market value at Rs. 17/- per square yard and awarded 30% solatium on the enhanced compensation. Additional market value under Section 23(1-A) of the Act was awarded from 01-01-1966, that is the date from which the land was taken possession, till the date of award. Interest provided for under Section 28 of the Act was ordered from 01-01-1966 onwards.