SPECIAL DEPUTY COLLECTOR Vs. PALLE RAMA SUBBA REDDY

JUDGEMENT

(1.) All these appeals arise out of the common order dtd. 6/8/2010 passed by the learned II Additional Senior Civil Judge, Nandyal in OP.Nos.434, 438, 437 and 433 of 2009 respectively filed by the Land Acquisition Officer, Nandyal, for the grounds raised in the memorandum of grounds of appeals. Hence all these appeals are heard together and are being disposed of by this common order.

(2.) Heard learned Assistant Government Pleader for Appeals appearing for the appellant. Though notice is served on the respondents, none appeared.

(3.) The brief facts of the case are that the appellant - Spl. Deputy Collector, Land Acquisition, Telugu Ganga Project, Nandyal, has issued draft notification under Sec. 4(1) of the Land Acquisition Act on 4/9/1996 acquiring the land extent Ac.12.96 cents in various survey numbers [the details of the survey numbers are mentioned in the schedule of the OPs] of Eernapadu, Bandi Atmakur Mandal for the purpose of excavation of Eernapadu Major Distributory (canal) under Telugu Ganga Project and the same was published in daily newspapers viz., Janatha on 9/9/1996 and Eenadu on 12/9/1996. The draft declaration under Sec. 6 of the Land Acquisition Act was published in A.P Gazette on 21/9/1996. The substance of the draft notification and draft declaration was publicized in the locality on 12/9/1996 and 26/9/1996 respectively. Possession of the land was taken in advance and the same was handed over to the requisition department on 12/12/1996 but 80% of the land compensation required to be paid under the provisions of Sec. 174(3) of the Land Acquisition Act was not paid to the land owners. The Land Acquisition Officer ['for short, 'LAO'] has conducted award enquiry as per the procedure. Notices were served on the land owners. All the land owners participated in the award enquiry including the respondents-claimants. For the purpose of fixing the market value, the LAO had classified the land into two categories i.e., 1) rain fed dry land and (2) dry lands having irrigation through sources like wells, borewells. The LAO had gathered statistics from the office of the Sub-Registrar, Nandyal, about the sale transactions relating to three years prior to the draft notification. Having considered several sale transactions, finally, the LAO had taken into consideration the sale transaction in Sl.Nos.157, 174 and 178 and relied on the transaction in Sl.No.174, which is a registered sale deed (document No.3178) dtd. 10/7/1996, in respect of the land in Sy.No.379 wherein the market value was reflected as Rs.10,000.00 per acre, for fixing market value of lands under acquisition as both the lands are similar in all aspects namely classification, fertility, maintenance, potentiality etc. After considering the time gap between the said sale transaction and the date of issue of the draft notification, the LAO has fixed the market value of the acquired lands at Rs.10,500.00 in respect of category No.1 and at Rs.12,600.00 per acre for the lands in category No.2 along with additional benefits as per the amended Act. The respondents-claimants having not satisfied with the value fixed by the LAO had received the compensation under protest and filed Memos requesting that their claim for enhancement of the compensation be referred to the civil Court. Accordingly, the LAO referred the matters under Sec. 18 of the LA Act to the civil Court. The reference Court has taken on file the references as Original Petitions. The Special Deputy Collector, Land Acquisition, Telugu Ganga Project is the referring Officer and the lands owners-claimants are respondents. Based on the pleadings, the reference Court framed the question as to 'whether the Award No.14/2001 dtd. 31/12/2001 passed by the LAO does not adequately compensate the claimants for the loss of their lands in various Sy.Nos. of Eernapadu village, Bandi Atmakur Mandal that were acquired under draft notification dtd. 12/9/1996?' During the trial, no oral evidence was adduced on behalf of the referring officer but Ex.A1 - copy of award No.14/2001 dtd. 31/12/2001 was marked. On behalf of the claimants, RWs1 to 4 were examined. Considering the above evidence, the reference Court passed judgment and decree fixing the market value of the rain-fed dry lands (category No.I) at Rs.32,000.00 and the market value of the dry lands having irrigation sources like wells, bore wells (Category No.II) at Rs.36,000.00 per acre besides 30% solatium on the market value and additional market value @ 12% from the date of Sec. 4(1) notification of the Act till the date of award or taking possession of the land, whichever is earlier.