KESAVLAL Vs. LAND ACQUISITION OFFICER AND ORS.

JUDGEMENT

(1.) RESPONDENT No. 6 - Kesavlal in L.A.O.P. No. 10 of 2000 before the Principal Senior Civil Judge, Tirupati, preferred the instant appeal under Section 54 of the Land Acquisition Act, 1894 (for brevity, "the Act") aggrieved by the order, dated 08 -12 -2005, answering the reference, under Section 30 of the Act, in favour of Tirumala Tirupati Devasthanam - 7th respondent therein (2nd respondent herein) referred by the Land Acquisition Officer - cum - Special Tahsildar (L.A.), Tirupati Urban Development Authority, Tirupati, Chittoor District.

(2.) BY the notification under Section 4(1) of the Land Acquisition Act published in the Gazette on 23 -12 -1996, the Government through the Land Acquisition Officer, Tirupati, acquired an extent of 562.5 square feet of land in T.S. No. 1394/1 of Tirupati Village and Urban Mandal for the purpose of widening the Prakasham road from Old Municipal Office to Town Club Junction in accordance with the Master Plan of Tirupati Urban Development Authority. When notices were issued, respondents 1 to 5 in the O.P. on one side and Tirumala Tirupati Devasthanam (Devasthanam) on the other put up their rival claims in respect of an extent of 268 square feet of land, out of the total extent of 562.5 square feet of land. Likewise, the 6th respondent, who is the appellant herein, laid claim in respect of remaining 294.5 square feet of land and simultaneously Devasthanam also put up its claim over that extent. The Land Acquisition Officer having observed that the parties other than Devasthanam were maintaining their respective possession and enjoyment by making super -structures having encroached the land and claimed compensation even for land, referred the matter to the Principal Senior Civil Judge, Tirupati, by depositing an amount of Rs. 2,43,437/ - into Court.

(3.) RESPONDENT No. 2 (respondent No. 7 in the O.P.) - Devasthanam filed statement of claim contending ownership over the said extent and even paying cist to the revenue authorities and sought to pay the compensation to it.