DHARAVATH BHOJYA Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The petitioners held, in all, an extent of Ac.38-09 guntas of land situated in Chinthapally Village, Miryalaguda Mandal, Nalgonda District, in different survey numbers. The same was acquired by the Government for the purpose of laying a new broad guage line between Bibinagar and Nadikudi, by invoking the provisions of Land Acquisition Act, 1894 (for short "the Act"). After completing preliminary formalities, the Land Acquisition Officer-the respondent herein, passed an award, dated 8-2-1996, fixing the market value between Rs.3,500/- to Rs.5,660/- per acre, depending upon the categories.

(2.) The petitioners received the compensation under protest and made a request to the respondent to refer the matter to the civil Court, under Section 18 of the Act. The request was acceded to, and the reference made by the respondent came to be taken up as O.P. No. 12 of 1989 in the Court of Senior Civil Judge, Mirayalguda. Through its judgment, dated 28-4-1990, the trial Court enhanced the compensation to Rs.54,150/- per acre, uniformly, for all categories of the acquired lands, and extended the statutory benefits. A.S. No.2744 of 1990 filed by the respondent before this Court against the decree in O.P. No. 12 of 1989 was dismissed on 14-12-1998.

(3.) The petitioners filed three execution petitions, namely, E.P. Nos.31/99, 41 of 2001 and 81 of 2001 in various combinations. The respondent deposited the decretal amount. E.P. No.31 of 1999 was closed on 27-3-2001 and the particulars of closure of other EPs., are not immediately available.