KANNEGOLLA NAGHABHUSHANAM Vs. LAND ACQUISITION OFFICER
LAWS(APH)-1992-12-39
HIGH COURT OF ANDHRA PRADESH
Decided on December 04,1992

KANNEGOLLA NAGHABHUSHANAM Appellant
VERSUS
LAND ACQUISITION OFFICER Respondents





Cited Judgements :-

BSES RAJDHANI POWER LIMITED VS. DELHI ELECTRICITY REGULATORY [LAWS(ET)-2012-2-7] [REFERRED TO]


JUDGEMENT

- (1.)The claimant in O.P. No. 56/85 on the file of the Subordinate Judge's Court, Eluru is the petitioner in this revision. He filed this revision aggrieved by the order of the learned Subordinate Judge, Eluru in I.A. No. 226 of 1990 in O.P. No. 56 of 1985 dated 10-3-1992 holding that the review petition filed by the petitioner for review and modification of the judgment passed in O.P. No. 56 of 1985 dated 29-10-90, is not maintainable.
(2.)The facts in brief are as follows : The Government acquired Ac. 3.80 cents of land belonging to the petitioner in R.S. No. 779 in Block No. II of Eluru town for providing house sites for the weaker sections. A notification under Section 4(1) of the Land Acquisition Act was published on 6-12-1983. The Land Acquisition Officer (L.A.O.) passed the award No. 1/84-85 on 31-10-1984 fixing the market value of the land at Rs. 48,400.00 per acre. On a reference made under Section 18 of the L. A. Act to the Civil Court, at the instance of the petitioner, the matter was numbered as O.P. No. 56/85 on the file of the Subordinate Judge's Court, Eluru. The learned Subordinate Judge relying upon the basic value certificate dated 1/09/1990 fixed the market value of the land at Rs. 100.00 per square yard by his judgment dated 29/10/1990.
(3.)The petitioner came to know in the first week of December, 1990 that the basic value of the land in D. No. 8-1-7, which is at a distance of 250 yards from the acquired land, is Rs. 150.00 per square yard. Since he discovered this important evidence after the disposal of O.P. No. 56 of 1985, he filed I. A. No. 2226/90 on 11-12-90 to review the judgment passed in O.P. No. 56 of 1985. Thereafter the Land Acquisition Officer filed appeal A.S. No. 697 of 1991 in the High Court and he also filed C.M.P. No. 4984 of 1991 for stay of all further proceedings including the execution of the decree in O.P. No. 56 of 1985. This Court by order dated 11-4-1991 granted interim stay on condition that the petitioner therein shall deposit 30% of the enhanced compensation and costs within eight weeks from the date of the order. This Court also directed the appeal to be posted for final disposal on 30/09/1991.
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