SPL DY COLLECTOR, LAO Vs. T RAMACHANDRA REDDY

JUDGEMENT

(1.) The appellant has challenged the legality of the order dated 28.03.2002, in O.P.No.37 of 1996, passed by the Senior Civil Judge, Miryalguda, whereby, the learned Reference Court has enhanced the compensation payable to the respondents-land losers from Rs.16,000/- per acre to Rs.32,000/- per acre for the land located in Rajavaram village.

(2.) Briefly, the facts of the case are that vide notification dated 14.07.1992 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, "the Act"), the Government had proposed to acquire the lands to the respondents, situated in Rajavaram village of Anumula Mandal of Nalgonda District, for the purpose of formation of C.A.D road from PWD road to Rajavaram L/1/3 from 9/255 to 9/630 in the limits of Rajavaram village. While determining the compensation, the Land Acquisition Officer (LAO) relied upon the provisions of Nagarjuna Sagar Acquisition Act. After following the procedure under the Act, the LAO passed the award on 19.12.1993 granting a compensation of Rs.16,000/- per acre.

(3.) Since the land losers, the respondents, were aggrieved by the award dated 19.12.1993, they approached the Reference Court for enhancing the compensation. According to them, they were entitled to receive a compensation of Rs.1,00,000/- per acre. In order to buttress their claim, they relied on certified copies of judgments of this Court dated 24.08.1999 in A.S.Nos.2206 and 3344 of 1992 (Ex.A.1) and dated 19.12.1996 in A.S.No.2139 of 1991 (Ex.A.2), whereunder this Court confirmed the orders of the trial Court in fixing the compensation at Rs.25,000/- per acre. They further examined one witness, and submitted two documents. 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.