K. SUBBARAYUDU AND OTHERS Vs. SPECIAL DEPUTY COLLECTOR (LAND ACQUISITION)
LAWS(SC)-2017-7-80
SUPREME COURT OF INDIA
Decided on July 19,2017

K. Subbarayudu And Others Appellant
VERSUS
SPECIAL DEPUTY COLLECTOR (LAND ACQUISITION) Respondents

JUDGEMENT

R.BANUMATHI, J. - (1.) Leave granted
(2.) This appeal by way of special leave under Section 54 of the Land Acquisition Act, 1894 has been preferred by the claimant assailing the judgment and order dated 12.07.2016 in L.A.A.S.M.P. No.61 of 2015 in L.A.A.S.(SR) No.12334 of 2014 passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh by which the High Court declined to condone the delay of 3671 days in filing the appeal and dismissed the appeal.
(3.) A Notification under Section 4(1) of the Land Acquisition Act, 1894 was issued on 01.10.1990 for acquiring land to an extent of Acs.32.77 in Reach No.11 of Nellepalli village for foreshore submersion of Kandaleru Reservoir under Telugu Ganga Project. After conducting the award enquiry, Land Acquisition Officer, Telugu Ganga Project, Rapur passed an award, in Award No.12/91-92 dated 30.01.1992. The award was passed after taking into account the sale statistics for the preceding three years prior to the date of notification under Section 4(1) of the Land Acquisition Act which was obtained from the Sub-Registrar, Rapur and after verification of all sales, the land value is fixed by the Land Acquisition Officer and approved by the Special Collector, Telugu Ganga Project, Nellore as per norms prescribed under the Land Acquisition Act, 1894 amended in 1984. The Land Acquisition Officer (LAO) awarded compensation for cultivable dry lands at Rs. 9,000/- per acre and for cultivable waste land at Rs. 7,000/- per acre. The Land Acquisition Officer also awarded compensation of Rs. 50-70 for each lime tree and compensation of Rs. 32 for each pomegranate tree. The land was taken possession on 02.03.1994 and compensation paid to the land owners.;


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