Nooty Ramamohana Rao, J. - (1.) This appeal has been preferred under Sec. 54 of the Land Acquisition Act (for short 'the Act') by the claimant, not being satisfied by the enhanced amount of compensation ordered to be paid by the Reference Court in O.P. No.281 of 1998. With a view to provide house sites to the weaker Ss. of the society, during the year 1995 -1996 certain lands situate in Thorlikonda Village of Jakranpally Mandal, Nizamabad District, have been notified for compulsory acquisition and accordingly, notification under sub -section (1) of Sec. 4 of the Act was got gazetted on 22.06.1996. The land of total extent of Ac.8.25 guntas has been acquired, out of this the claimant's land of an extent of Ac.3.00 guntas has also been acquired. The Land Acquisition Officer passed an award fixing the market value at Rs. 18,000/ - per acre and thus, paid an amount of Rs. 77,625/ - as compensation. It is in those set of circumstances, when the appellant herein sought for compensation @ Rs. 150/ - per square yard, the reference came to be made under Sec. 18 of the Act for determination of the civil Court, though the claim before the RDO appears to be Rs. 1,00,000/ - per acre. Entertaining the reference, the civil Court has arrived at a finding that the value of the land is liable to be fixed at Rs. 20/ - per square yard and since 1/4th has to be deducted towards developmental purposes, the value has been worked out at Rs. 15 per square yard and on that basis, the compensation arrived at duly allowing 12% per annum as additional market value in terms of Sec. 23(1 -A) of the Act and 30% solatium and interest for one year from date of taking compensation @ 9% and thereafter at 15%.
(2.) Sri N. Sridhar Reddy, learned counsel for the appellant, would submit that in Ranjit Singh v/s. Union Territory of Chandigarh : (1992) 4 SCC 659 and Mehrawal Khewaji Trust (Registered) v/s. State of Punjab : 2012 ALT (Rev.) 252 (SC) : 2012 (4) SCJ 853 : (2012) 5 SCC 432, the Supreme Court has allowed the formula of quantitative improvement in payment of compensation by allowing 10 to 15% of value addition for the time gap between the previous notification and the present notification. Sri N.Sridhar Reddy has also pointed out to us that when two different appeals A.S. Nos. 2028/2002 and 1236/2003 concerning the very same notification have been considered by another Division Bench of this Court, on 09.09.2015, the said Division Bench by following the principles set out in the aforesaid judgments has arrived at a finding that the market value of the land should be worked out at Rs. 33/ - per square yard and accordingly, concluded the issue.
(3.) The learned Government Pleader while ageing (sic. agreeing) that the another Division Bench dealing with aforementioned A.S. Nos. 2028/2002 and 1236/2003 has taken the view that the market value should be fixed at Rs. 33/ - per square yard, but however, would submit that the concept of incremental addition to the value of the land depends upon the contemporary developmental activities that have taken place there around and if there are no developments, in the vicinity of the land acquired, the theory of quantum improvement would not get attracted.;