C. Laxma Reddy and
Ors. Vs. Land Acq. Officer (M.R.O.), Farooqnagar, A.P  INSC 2124 (10
JURISDICTION CIVIL APPEAL NOS.22-23 OF 2001 C. Laxma Reddy and Ors.
...Appellant(s) Versus Land Acquisition Officer (M.R.O.), Farooqnagar, A.P.
O R D E R
learned counsel for the parties.
these appeals, lands of two villages, namely, Lingareddiguda and Chatanpalli,
were acquired. The Land Acquisition Officer awarded compensation at the rate of
Rupees fifteen thousand per acre for Lingareddiguda village and Rupees twenty
thousand per acre for Chintapalli village. On a petition filed under Section 18
of the Land Acquisition Act, the Reference Court, by relying upon documents,
Exhibits A-6 to A-9 came to the conclusion that market value of the acquired
land was Rupees fifty per square yard. He then deducted 1/3rd towards
development charges and 1/5th on account of the fact that the lands were situated
in the Panchayat area and awarded compensation at the rate of Rupees twenty
seven per square yard with other benefits admissible under the statute.
dissatisfied with the award of the Reference Court, the Land Acquisition
Officer filed appeal before the High Court which remitted the matter to the
Reference Court for fresh determination of the compensation payable to the land
owners. That order was set aside by this Court in Civil Appeal Nos. 709-710 of
1999 and the High Court was asked to redecide the appeal on merits. Thereafter,
the High Court partly allowed the appeal of the Land Acquisition Officer and
fixed the amount of compensation at the rate of Rupees twenty four thousand per
acre. For doing so, the High Court relied on the observations made by the Land
Acquisition Officer that during 1989 a piece of land measuring two acres was
sold at the rate of Rupees thirty three thousand per acre. Undisputedly, no
document was exhibited on behalf of the State to prove that the land measuring
two acres was sold at the rate of Rupees thirty three thousand per acre. It is
thus clear that no evidence was adduced on behalf of the State regarding the
market value of the acquired land. This being the position, the High Court was
not at all justified in fixing the compensation of the acquired land at the
rate of Rupees twenty four thousand per acre and modifying the award made by
the Reference Court.
the appeals are allowed, impugned order rendered by the High Court is set aside
and the award passed by the Reference Court is restored. No costs.