SPECIAL DEPLUTY COLLECTOR Vs. B. RAJI REDDY

JUDGEMENT

(1.) The appellant has challenged the legality of the order dated 08.08.2002, in O.P.No.14 of 1997, passed by the learned Senior Civil Judge, Huzurabad, whereby, the learned Reference Court has enhanced the compensation payable to the land losers, the respondents from Rs.6,000/- to Rs.30,000/- per acre for the lands acquired by the Government at Patherlapalli Village, Jammikunta Mandal, Karimnagar District.

(2.) Briefly the facts of the case are that vide notification dated 25.03.1986, issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, "the Act"), the Government had proposed to acquire lands in the limits of Patherlapalli village, for the purpose of excavation of 9L Canal. During the course of enquiry, the Land Acquisition Officer ('LAO', for short) had relied upon the registered sale documents prevailed in that area immediately preceding three years from the date of issuance of Section 4(1) notification. After following the procedure under the Act, on 23.03.1987, the LAO passed the award. The LAO fixed the market value of the acquired land at Rs.6,000/- per acre.

(3.) Since the land losers, the respondents, were aggrieved by the award dated 23.03.1987, they approached the Reference Court for seeking enhancement of the compensation. For, according to the respondents, the acquired lands were fertile lands. The lands were suitable for cultivating commercial crops, like cotton, groundnut, chillies etc.; and they used to get a net annual income of Rs.10,000/- per acre. Thus, they were entitled to receive a compensation of Rs.50,000/- per acre. In order to buttress their claim, the respondents submitted two documents (Exs. A-1, A-2) and examined three witnesses. After going through the evidence produced by both the parties, the learned Reference Court enhanced the compensation as aforementioned. Hence, this appeal before this Court.