B.VENKATESWARLU Vs. SPECIAL DEPUTY COLLECTOR

JUDGEMENT

(1.) The appellants / claimants aggrieved by a Common Order dtd. 8/8/2007 in O.P.Nos.111, 112, 114, 115, 117, 118, 119, 120, 121, 123, 124, 125, 127 and 128 of 2003 on the file of the Court of Principal Senior Civil Judge, Nandyal (hereinafter referred to as 'the Reference Court'), preferred the present batch of appeals with regard to fixation of market value in respect of three categories of lands acquired from them, the details of which are as follows:

(2.) For the purpose of construction of a spill way and formation of surplus course, a Draft Notification under Sec. 4 (1) of the Land Acquisition Act (hereinafter referred to as 'the Act') was published on 18/3/1994 for acquisition of land of an extent of Ac.25.66 cents in various survey numbers belonging to the appellants / claimants and others situated in Owk village of Banaganapalle Mandal, Kurnool District. The Draft Declaration under Sec. 6 of the Act was published simultaneously. After issuing notices as per the provisions of the Act, the Land Acquisition Officer conducted enquiry and passed Award No.26/1993-94 dtd. 31/3/1994. The Land Acquisition Officer classified the land under acquisition into three categories i.e.,

(3.) The Land Acquisition Officer while fixing the market value of the land, considered as many as 163 sale transactions occurred in the village, three years prior to the issuance of Sec. 4 (1) Notification. Basing on the sale transaction at S.No.58 of the sale statistics, the Land Acquisition Officer fixed the market value of the Category No.2 @ Rs.59,000.00 per acre. Insofar as Category Nos.1 and 3 lands are concerned, he fixed the market value @ Rs.30,000.00 and Rs.5,00,000.00 per acre respectively.