Reddy & Ors Vs. The Land Acquisition Officer  INSC 615 (25 March
JURISDICTION CIVIL APPEAL NOS.2850-2852 OF 2001 Bommineni Sanjeeva Reddy &
Ors. ...Appellant(s) Versus The Land Acquisition Officer ...Respondent(s) With
Civil Appeal No.1714/2002 and Civil Appeal No.6959/2002 O R D E R Civil Appeal
No.6959 of 2002:
Heard learned counsel
for the parties.
We do not find any
ground to interfere with the impugned order.
The civil appeal is,
Nos.2850-2852 of 2001 and 1714 of 2002:
issued under Section 4 of the Land Acquisition Act, 1894 [hereinafter referred
to as "the Act"], the Government of Andhra Pradesh acquired lands of
the appellants in different villages of Warangal district for construction of
the canals of Sriramsagar Project. The Land Acquisition Officer awarded
compensation @ Rs.11,200/- per acre for dry lands and Rs.14,000/- per acre for
wet lands. On the applications filed by the appellants under Section 18 of the
Act, the reference court, after considering the evidence produced by the
parties including the award made in relation to similar acquisition, enhanced
the compensation from Rs.11,200/- to Rs. 22,500/- per acre for the dry lands
and from Rs. 14,000/- to Rs.25,000/- per acre for the wet lands.
The Land Acquisition
Officer challenged the orders of the reference court in A.S. Nos. 594/1999 and
837/1999 respectively. The appellants herein filed cross- objections for
further enhancement of compensation. By the impugned order, the High Court
dismissed the appeals and cross-objections. Hence, these appeals by special
During the pendency
of these appeals, the appellants filed I.A. Nos. 5-7 of 2008 for producing
additional evidence in the form of judgments (marked as Annexures-P1 to P6 and
P8) rendered by the High Court in cases involving award of compensation in lieu
of acquisition of land for construction of different canals of Sriramsagar
Project, four orders passed by this Court in special leave petitions filed
against the judgments of the High Court and copy of G.O.Ms. No.56 dated
23.4.2002 issued by the State Government for payment of compensation of the
land acquired for construction by Sriramsagar Project - Flood Flow Canal.
We have heard learned
counsel for the parties.
A perusal of the
documents filed with IA Nos. 5-7/2008 shows that by judgments (Annexure-P3 to
P6) dated 18.7.2001, 5.10.2001, 7.11.2001, different Division Benches of the
High Court allowed the appeals filed by the landowners, whose lands were
acquired by notifications issued under Section 4 of the Act in 1987 and early
1988 and enhanced the compensation payable to them from Rs.22,500/- to
Rs.40,000/- per acre for dry lands and from Rs.25,000/- to Rs.42,000/- per acre
for the wet lands. Annexure P-13 is the copy of order dated 18.11.2005 passed
by this Court in Special Leave Petition ) Nos. 21065-21071 of 2003 whereby this
Court enhanced the compensation payable to the landowners to Rs.40,000/- per
acre for the dry lands and Rs.42,000/- per acre for the wet lands.
Since, the lands of
the appellants were acquired in the year 1985 whereas the cases in which higher
compensation was awarded (almost two times the compensation awarded to the
...3/- -3- appellants), acquisitions were made in 1987 and early part of 1988,
we feel that ends of justice would be met if the compensation payable to the
appellants is enhanced and fixed @ Rs.35,000/- per acre for the dry lands and
Rs.37,000/- per acre for the wet lands.
appeals are allowed in part. The compensation payable to the appellants in lieu
of acquisition of their land is enhanced in the manner indicated above and the
respondents are directed to pay enhanced compensation, i.e., @ Rs.35,000/- per
acre for dry lands and Rs.37,000/- per acre for the wet lands to the
appellants, who shall also be entitled to consequential benefits under the Act.
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