MD.ABDUL KHAYOOM Vs. SPECIAL DEPUTY COLLECTOR

JUDGEMENT

(1.) Heard Sri Kowturu Pawan Kumar, learned counsel for the appellants and learned Government Pleader for Appeals.

(2.) On a requisition made to acquire the land for the purpose of laying road leading from Karepally Village to Dornakal Village, the Land Acquisition Officer set in motion the process to acquire land. In the said acquisition process land of the appellants to an extent of Ac.1.01 guntas in Sy.No.166/2 of Karepally Village was affected. The Land Acquisition Officer passed Award fixing the compensation at Rs.8,500/- per acre. Aggrieved thereby, the appellants herein preferred L.A.O.P.No.246 of 1993, praying to grant enhanced compensation on the above extent of land. The same amount of compensation was determined to the adjacent landowner whose land to an extent of Ac.0.05 guntas in Sy.No.170/2 was also acquired. Not satisfied by the compensation determined by the Land Acquisition Officer, he filed L.A.O.P.No.248 of 1993. Both L.A.O.Ps., were considered by the Court of Senior Civil Judge at Kothagudem and by Award dated 23.04.2007, he rejected the claim for enhancement of the compensation affirming the Award passed by the Land Acquisition Officer. This appeal is preferred by the appellants in L.A.O.P.No.246 of 1993.

(3.) According to learned counsel for the appellants, there was lot of commercial activity in the village and the adjacent land in Sy.No.37 was sold at a high price and the compensation determined by the Land Acquisition Officer is far low as compared to the market value prevailing in that area. Even though the evidence was brought on record to support the claim that the compensation determined by the Land Acquisition Officer was inadequate and far less, the reference Court did not appreciate the evidence and erred in affirming the compensation determined by the Land Acquisition Officer.