LAWS(APH)-2014-1-41

JALLI NARSAIAH Vs. LAND ACQUISITION OFFICER

Decided On January 21, 2014
Jalli Narsaiah Appellant
V/S
LAND ACQUISITION OFFICER Respondents

JUDGEMENT

(1.) The appellants owned small extents of land in various survey numbers in Alair revenue village of Nalgonda District. Through a notification, dated 27.02.1986, published under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act'), the Government proposed to acquire an extent of Acs.26.05 guntas of land owned by the appellants, for the purpose of providing house sites. In the award enquiry, the appellants claimed the market value at Rs.100/- per square yard.

(2.) The Land Acquisition Officer, the respondent herein, passed an award on 14.07.1987, fixing the market value for the acquired land at Rs.2,000/- per acre. Not satisfied with that, the appellants sought reference under Section 18 of the Act. The Land Acquisition Officer acceded to the request and made reference to the Court of Senior Civil Judge, Bhongir. The reference was taken up as O.P.No.53 of 1987. Through its order, dated 29.08.2000, the trial Court enhanced the compensation to Rs.10,000/- per acre. Not satisfied with the same, the appellants filed this appeal, under Section 54 of the Act.

(3.) Sri P. Ramakrishna Reddy, learned counsel for the appellants, submits that there is cogent oral and documentary evidence to establish that the market value of the acquired land, at the relevant point of time, was not less than Rs.50/- per square yard, and there was absolutely no basis for the trial Court in denying the same. He contends that the acquired land abuts the existing village, and it has an added advantage, inasmuch as it is located between a railway line and a highway. Learned counsel submits that though the trial Court was of the view that the land of the appellants had a very high potential for house sites, and that even otherwise, it was a valuable agricultural land; the enhancement was restricted to Rs.10,000/- per acre.