P. NARASIM LIULU Vs. LAND ACQUISITION OFFICER, MADANAPALLE AND ORS.
LAWS(APH)-2016-2-63
HIGH COURT OF ANDHRA PRADESH
Decided on February 29,2016

P. Narasim Liulu Appellant
VERSUS
Land Acquisition Officer, Madanapalle And Ors. Respondents





Cited Judgements :-

MAJ. GEN. KANTAMNENI BABAYYA VS. THE STATE OF ANDHRA PRADESH [LAWS(APH)-2017-6-35] [REFERRED TO]


JUDGEMENT

B.SIVA SANKAR RAO,J. - (1.)The review petitioner Sri. P. Narasimhulu as party -in -person sought for review of the Judgment and decree dated 12 -8 -2009 in L.A.A.S. No. 170 of 2007, which is covered by common judgment with reference to (1) L.A.A.S. Nos. 163 of 2007 filed by Land Acquisition Officer against judgment and decree dated 20 -11 -2006 in O.P.No. 85 of 1995 of learned Senior Civil Judge. Madanpalle, showing the claimants as respondent Nos. 1 to 17 including legal representatives of late claimant No. 8 as 16 and 17 and the review petitioner was Respondent No. 11 therein, (2) L.A.A.S. No. 1024 of 2007 filed by 10 claimant, (3) L.A.A.S. No. 173 of 2007 filed by one of the claimants i.e., Respondent No. 12 Sulochanamma of L.A.A.S. No. 163 of 2007 and (4) L.A.A.S. No. 170 of 2007 filed by the present review petitioner/R -11 of 163 of 2007. Thus, there are three sets of appeal by claimants and one set of appeal by the Land Acquisition Officer against the judgment and decree dated 20 -11 -2006 of O.P. No. 85 of 1995 covered by comma judgment dated 12 -8 -2009 of the Honourable Division Bench consisting of Justice B. Prakash Rao, since retired and Justice Vilas V. Afzulpurkar, one of us. The review sought for is based upon the order of the Honourable Apex Court dated 7 -4 -2015 in Civil Appeal No. 8263 of 2009.
(2.)The factual matrix required to mention in nutshell is that based on the requisition of the General Manager (P&L), A.P.I.I.C Limited, Hyderabad for establishment and expansion of Industrial Development Area by said A.P.I.I.C. Limited for acquisition of Ac. 87.53 cents of land at Valasapalle village of Madanapalle Mandal viz., Ac. 1 -81 cents in S.No. 503, Ac. 0 -63 cents in S.No. 502, Ac. 3 -06 cents of S.No. 486 and Ac. 1 -06 cents out of Ac. 2 -30 cents in S.No. 488/489 and Ac. 80 -81 cents in S.No. 485 within its sub -divisions was acquired under the Land Acquisition Act, 1894 (for short, 'the Act') vide notification under Sec. 4(1) of the Act, published in the Andhra Pradesh Gazette (Extraordinary) dated 10 -2 -1994 by dispensing enquiry under Sec. 5(A) of the Act invoking urgency under Sec. 17(4) of the Act by appointing Revenue Divisional Officer, Madanpalle to perform the functions of the Collector for the purpose of acquisition and after declaration under Sec. 6 of the Act, was published in the Andhra Pradesh Gazette (Extraordinary) dated 20 -2 -1994 and same were also published in local daily newspapers respectively and other publicity at village and hamlets in the locality. Out of Ac. 80 -97 cents acquired from Ac. 83.81 cents in S.No. 485, the land belongs to the review petitioner - Sri P. Narasimhulu is about Ac. 39 -20 cents or so, besides some other extent out of S.No. 488/499 and also some other extent in S.No. 503. The Land Acquisition Officer by award No. 1/GPM/ 94.95, dated 25 -8 -1994 based on the claim made by the respective claimants of the market value at Rs.1,50,000/ - per acre (vide page Nos. 12 and 13 of the award), and by referring to the Photostat copies of the documents of Jan., 1994 and by saying the proposal for acquisition was initiated in the year 1992 itself leave about the claim additionally for trees also, with 30% solatium on market value, 12% as additional market value on the land value from the date of draft notification to the date of award, fixed the market value by dividing the acquired land into three categories of the value ranging from Rs.30,000/ - to Rs.40,000/ - per acre for cultivable and Rs.15,000/ - to Rs.20,000/ - for the uncultivable lands on the following criteria : - The lands proposed for acquisition from the inspection with reference to the survey and sub -division records scrutinised indicates at a distance of six kilometres from Madanapalle town towards Eastern side of Madanapalle -Chittoor and out of total extent of Ac.80 -97 cents proposed for acquisition in S.No. 485/3, an extent of Ac.5 -84 cents completely covered by rocks and an extent of Ac. 13 -16 cents covered by hillock and boulders which are unfit for cultivation and small river -vanka called as Valasapalle Cheruvu Vanka is passing through S.No. 485/3, where there is an electrical transformer, there are trees and permanent structures viz., a dilapidated well, a dilapidated daddalam, 21 big and 23 medium Tamarind trees, one Palmyra tree and 65 leaf trees like Kanuga, Vapa, Moduga, Kunkudu, toddy and miscellaneous and the well and the Daddalam completely dilapidated and with no value to fix and Tamarind trees be taken on capitalized value as per the Government Memo No. 644/K2/85 dated 20 -9 -1986, taken at Rs.280/ - for the palmirah tree, for other trees the total yield value of fire wood estimated at 10 cart loads of Rs.120/ - each and for the 44 tamarind trees arrived Rs.2,87,200/ - and in S.No. 486 for one tamarind tree arrived at Rs.8,800/ - and other trees of fire wood value taken Rs.720/ - and in S.No. 488/489 palmirah tree value taken at Rs.280/ - and other trees for fire wood taken at Rs.240/ - and the land value as on the date of Sec. 4(1) of the Land Acquisition Act notification on 10 -2 -1994 with reference to the sales furnished by Mandal Revenue Officer, Madanapalle. There were 26 sale transactions of which 12 for smaller extents each below Ac. 0.03 cents for house sites purpose near Krishnapuram, H/o. Valasapalle, the house sites for the small extents supra cannot be the criteria and for sale transaction of four extents of the wet and dry lands those are interested sales between land owners and those of the land proposed for acquisition showing higher value to get higher compensation, that cannot be the criteria and there is another sale transaction of Ac. 6 -00 cents in S.No. 497/ B1 dated 30 -10 -1992 at Rs.1,00,000/ - per acre covered by sale agreement and not a sale to rely and coming to other sale transactions referred of the years 1993 and 1991, one is for Rs.60,007/ - per acre in S.No. 512 and other is Rs.40,000/ - per acre in S.No. 505 which arc plain agricultural lands, whereas the lands under acquisition are dry lands and that was taken consideration for the extent covered by S.No. 485/3 part of Ac. 25 -43 cents, S.Nos. 502 and 503 valued at Rs.40,000/ - per acre and for Ac. 5 -15 cents in S.No. 485/3 part covered by hillock and boulders taken the value at Rs.20,000/ - per acre and for other extent in S.No. 488/489 to the extent fit for cultivation and remaining Ac.7 -11 cents with rocks and bounders taken the value at Rs.15,000/ - per acre and an extent of Ac. 6 -74 cents with rocks and boulders in S.No. 485/3 and 486 taken the value at Rs.15,000/ - per acre and for the extent covered by cultivation of Ac. 18 -17 cents taken the value at Rs.30,000/ - per acre by different values adopted. Within two weeks after said award, possession of the land was taken on 7 -9 -1994.
(3.)Said compensation fixed by the award of the Land Acquisition Officer was sought for reference as utterly low to the civil Court under Sec. 18 of the Land Acquisition Act, which was the subject matter of O.P. No. 85 of 1995 before the learned Senior Civil Judge, Madanapalle. The learned Senior Civil Judge, Madanapalle based on the reference, passed the award/order dated 20 -11 -2006, where the review petition is Respondent No. 11 as referred supra, from evidence recorded and on its appreciation with reference to facts and law by doubling the compensation of what was arrived by the Land Acquisition Officer for the land holding that meets the ends of Justice without disturbing the value of the trees arrived viz., by enhancement from Rs.40,000/ - to Rs.80,000/ - for cultivable land and from Rs.20,000/ - to Rs.40,000/ - for uncultivable land of first reach, Rs.35,000/ - to Rs.70,000/ - for cultivable land and Rs.15,000/ - to Rs.30,000/ - for uncultivable land of second reach and Rs.30,000/ - to Rs.60,000/ - for cultivable land and Rs.15,000/ -to Rs.30,000/ - for uncultivable land of third reach with other statutory benefits available under amended Land Acquisition Act 68 of 1984 saying interest at 12% p.a. from the date of Sec. 4(1) notification for one year and subsequently at 15% p.a. and solatium at 30% on the enhanced amount after deducting amount already received to pay subject to any statutory deductions therefrom.
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