BHAGIRATHAMMA Vs. SPECIAL DEPUTY COLLECTOR LAND ACQUISITION HYDERABAD

JUDGEMENT

(1.) An extent of Ac. 38-4 guntas of land situate in Survey Nos. 5/14, 124, 128, 129 and 126 in Balanagar village was acquired under the Land Acquisition Act under a notification under S. 4 (1) of the Act published on 15-7-1964. There were three claimants for the compensation, respondent No. 2 herein and the two petitioners (being 1 to 3 respectively). There was no dispute that three of the items belonged to respondent No. 2, but there was a dispute inter se between the two sets of claimants in regard to Survey Nos. 128 and 129. The Land Acquisition Officer in his award fixed the market value of the land at Rs. 1,000 per acre and also fixed the value for the compound -walls, wells, trees etc. As the claimants claimed compensation at a higher rate, they asked for a reference under S. 18 of the Land Acquisition Act and accordingly reference was made in O.P. No. 310 of 1965 on the file of the Second Additional Chief Judge, City Civil Court, Hyderabad. The Court awarded enhanced compensation. The Land Acquisition Officer preferred an appeal C. C. C. A. No. 19 of 1968 to this Court. The appeal was dismissed on 10-11-1970.

(2.) Meanwhile as there was a dispute inter se between the claimants as to who was entitled to compensation in respect of survey Nos. 128 and 129 the Land Acquisition Officer referred the matter to the Civil Court under S. 30 of the Act and deposited the amount payable in respect of these survey numbers into court as provided under S. 31 (2) of the Act. The references in respect of the two surveys were numbered as O. P. Nos. 233 of 1965 and 138 of 1966. By judgment dated 31-8-1971 the appeal was allowed and remanded the cases to the lower court. After remand the court below its judgment dated 19-10-1973 held that the second respondent was entitled to the compensation amount. As against this judgment two appeals, C. C. C. A. Nos. 109 of 1974 and 176 of 1974 were preferred to this Court. By a common judgment dated 19-8-1976 this Court allowed the appeals and upheld the claims of the petitioners.

(3.) In view of this Judgment the petitioners herein field an application I. A. No. 780 of 1976 in O. P. No. 310 of 1965 (reference under S. 18) for payment of the enhanced compensation determined by this court. By its order dated 15-12-1976 the Court below dismissed the petition. The Court below observed that though in the appeals arising out of reference under S. 30 this Court had upheld the claim of the petitioners in C. C. C. A. No. 19 of 1968 preferred against the Judgment in O. P. No. 310 of 1965 (reference under S. 18), respondent No. 2 alone was entitled to the amount awarded. While dismissing the petition the Court below observed that the matter needed clarification and the parties interested in the matter may approach the High Court and get the matter clarified.