Raghavulu Vs. The Revenue Divisional Officer, Lao, Peddapalli  INSC 404 (15 March 1996)
K.Ramaswamy, K.Nanavati G.T. (J)
JT 1996 (3) 678 1996 SCALE (3)189
O R D
have heard learned counsel on both sides.
under Section 4  of the Land Acquisition Act, 1894 [for short, the 'Act']
acquiring large extent of land for National Thermal Power Corporation, was
published on September
22, 1979. The Land
Acquisition Officer determined compensation 8 Rs.3,000/- per acre. On
reference, the learned sub-Judge enhanced the compensation to Rs.6,500/- per
acre. On appeal, the High Court of Andhra Pradesh confirmed the order passed by
the learned sub-Judge.
this appeal by special leave.
not in dispute that when for the same purpose another land was acquired from Maidpalli
village to which Lingapur is a hamlet, the Corporation itself had taken
decision to withdraw the appeals since the compensation was less than
Rs.8,000/-. On that basis, the High Court confirmed the market value at Rs.8,400/-
per acre in Appeal Nos.869 and 871 of 1985. In view of the fact that the
Corporation itself had taken a policy decision to withdraw the appeals where
the value of the land was determined at the rate of Rs.8,000/- per acre and
less, and since the lands are situated in the hamlet of the main village Naidpalli
which are contiguous blocks, the determination of the compensation in respect
of these lands also would be at the rate of Rs.8,000/- per acre.
appeal is accordingly allowed to the above extent.
appellant is entitled to solatium and interest on the enhanced compensation at
the rates prevailing prior to the Amendment Act 68 of 1984. No costs.
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