MITTU PENTAIAH Vs. P VEERAIAH

JUDGEMENT

(1.) This appeal under Section 54 of the Land Acquisition Act, 1894 is directed against the award and decree passed by the Additional District Judge, Medak at Sangareddy dated 30-8-2001 in OP No.682/1991.

(2.) The facts giving rise to filing of this appeal are briefly stated thus: An extent of Acs.8-26 guntas of land in S.No.372/E situate at Tellapur Village was acquired by HUDA. The claimants participated in the award enquiry by putting up their claims. The Land Acquisition Officer after determining the compensation payable to the land owners referred the matter to the Civil Court under Sections 30 and 31 of the Land Acquisition Act, 1894 (for short "the Act"), since there was a dispute with regard to title of the property. On reference being made to the Civil Court, the claimants appeared and adduced evidence. Based upon the oral and documentary evidence, the reference Court by its impugned order held that the share of the claimant No.5, which comes to Acs.3-33 guntas be apportioned to the shares of the claimants 1 and 2 as against the claim of claimant No.3 since claimants 1 and 2 purchased the property earlier to claimant No.3 and rejected the sale transaction of claimant No.3, which took place at later point of time. It further held that claimant No.7 is entitled to an extent of Acs.3-33 guntas; claimant No.8 is entitled to balance of compensation and claimant No.6-President, Agricultural Cooperative Society, Tellapur, shall have the priority over compensation of claimants 1 and 2 since the loan transaction is not disputed. Being aggrieved by the apportionment as referred to above, claimant No.3 filed an appeal before this Court. During the pendency of the appeal, he died and his LRs were brought on record in AS MP No.1741/2005 dated 29-8-2005.

(3.) In spite of service of notice on respondents 6 and 7/claimants 1 and 2, they have not chosen to contest the matter. Primary Agricultural Co-operative Society (R-3), who is claimant No.6, with whom charge has been created over the compensation amount has not evidenced any interest to contest the claim of the appellant, though received the notice.