A P INDUSTRIAL INFRASTRUCTURE CORPORATION LTD Vs. GURRAM SUBBA RAO

JUDGEMENT

(1.) This batch of revision is filed by the A.P. Industrial Infrastructure Corporation Limited, aggrieved by the individual orders passed by the Senior Civil Judge, Nandigama, rejecting the calculation memo filed by the Land Acquisition Officer, (for short 'the LAO').

(2.) Through a notification dated 5-1-1985, issued under Section 4(1) of the Land Acquisition Act (for short 'the Act'), an extent of Ac. 100.00, situated in Tirumalgiri Village, Jaggaiahpet Mandal, Krishna District, was acquired for the benefit of the petitioner- Corporation. Even before the award was passed, certain tentative amount of compensation was paid to the land-owners under Section 17(3A)(b) of the Act. After completing the formalities, award was passed by the LAO on 25-9-1986, determining the market value, solatium and interest. He divided the lands into two categories and determined the compensation @ Rs.15,000/- and Rs.25,000/-, per acre, respectively. He paid the compensation, duly taking into account, the amount paid earlier. The claimants demanded the compensation @ Rs.70,000/- to Rs.80,000/- per acre.

(3.) The LAO referred the matter to the Civil Court under Section 18 of the Act, in view of the request made by the claimants. The Trial Court, in turn, rendered its judgments on 22-2-1994, enhancing the compensation, uniformly, to Rs.45,000/-, from Rs.15,000/-, or Rs.25,0007-, as the case may be, fixed by the LAO. Various benefits under the Act, as it stood amended by that time, were extended. The LAO filed appeals against the decrees of the Civil Court. While granting stay of the execution of decree, this Court directed that half of the enhanced compensation be deposited. In the month of August, 1994, various amounts, said to be representing half of the enhanced compensation, were deposited. Appeals were ultimately dismissed on 11-2-1997, and thereby, the decree passed by the Trial Court, in the references made under Section 18 of the Act, became final.