Adavala
Sathaiah & Ors Vs. The Special Dy. Collector, Land Acquisition Unit I &
Ors [1996] INSC 1501 (26
November 1996)
K. Ramaswamy,
G.T. Nanavati
ACT:
HEAD NOTE:
O R D
E R
Respondent
Nos.2, 3, 5, 6, 11 to 14 and 18 have left their respective places without any
instructions as per endorsement made by the Postal authorities. Under these
circumstances, notice on them is not necessary. Regarding respondent Nos.4, 7 to 10, 15 to 17 and 19 to 20, it is stated that neither unserved
envelops nor A.D. Cards have been received back by the Registry. Under these
circumstances, they must be deemed to have been served. Even though the
petitioners succeed, these respondents cannot get the same benefit because they
did not challenge the award.
They
being pro forma respondents, notice on them is not necessary.
Leave
granted.
Heard
learned counsel on both sides.
This
appeal by special leave arises from the judgment and decree of the A.P. High
Court, made on March 3,
1992 in the Appeal
No.2660/85. A notification under Section 4(1) of the Land Acquisition At, 1894
was published on December
8, 1979, acquiring 71
acres 12 cents of land for the public purpose, namely, erection of National
Thermal Power Corporation. The Land Acquisition Officer awarded Rs.4,000/- and
Rs.4,500/- per acre for Group I and Group II of the lands. On reference, the
Subordinate Judge enhanced the compensation to Rs.10,000/- and Rs.11,500/- per
acre for Group I and Group II respectively. On appeal, the High Court set aside
the judgment and remanded the matter to the trial Court for reconsideration. Thus
this appeal by special leave.
It is
seen that all the lands were agricultural lands at the time of acquisition and
their prevailing market value varies between Rs.6,000/- to Rs.6,500/- per acre.
Under these circumstances, it would be just and proper if the compensation is
fixed at Rs.6,000/- per acre uniformly to all the lands. It is ordered
accordingly.
The
appeal is allowed. No costs.
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