LAWS(TLNG)-2019-2-17

AZAM BEE AND OTHERS Vs. SPECIAL DEPUTY COLLECTOR

Decided On February 18, 2019
Azam Bee And Others Appellant
V/S
SPECIAL DEPUTY COLLECTOR Respondents

JUDGEMENT

(1.) The appellants are aggrieved by the judgment and decree dated 18.08.2001, passed by the Additional District Judge, Medak at Sangareddy, whereby the learned Judge has apportioned the compensation in favour of certain respondents-claimants. However, the learned Judge has not apportioned any compensation in favour of the appellants.

(2.) The brief facts of the case are that the land located in Survey No.10 of Siroor Village, Raikode Mandal, admeasuring Acs.15.00, was acquired for the Singoor Project. After completing the acquisition proceedings, an award was passed on 25.11.1988. During the course of award enquiry, it was discovered that the land was notified in the names of the claimant Nos.1 to 5. The claimant No.9 filed an objection to the effect that a final decree was passed by the Civil Court in O.S.No.14 of 1969. According to the judgment and decree, the claimant Nos.9 to 13 were entitled for compensation. The claimant Nos. 6 to 8 also filed their statement and they claimed that they purchased the property after the final decree. Therefore, they too were entitled for part of the compensation amount. On the other hand, the claimant No.1 pleaded that another suit, namely O.S.No.17 of 1984, was pending, therefore, no amount could be apportioned to any of the claimants. But according to the other claimants, the suit was already dismissed.

(3.) Before the trial Court, the claimant No.15 pleaded that he sold an extent of Acs.2.00 in favour of the claimant No.2. Therefore, he had withdrawn his claim and the claimant No.2 was entitled to receive the compensation to the extent of Acs.2.00. The claimant Nos.16 and 17 also got themselves impeladed by saying that a loan was obtained by the claimant Nos.9, 10 to 13 and 14. However, rest of the claimants, namely the claimant Nos.13 and 18 to 21, (the appellants before this Court) neither appeared before the trial Court, nor adduced any evidence on their behalf.