The High Court · 2025
Case Details
Counsel for the Appellant: Sri Y Rama Rao, Standing Counsel for HMDA Counsel for the Respondent: Sri Srinivasa Rao Madiraju The Court delivered the following JUDGMENT: HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON'BLE SMTJUSTICE TIRUMAI-A DEVI EADA I-AAS.No,326 OF 2017 UDGMENT: (Pet I 1u!'b/e .li .l"ni& zlbbitund Kunar J hattit) When the matter ;s taken up for hearing, learned Standing Counsel appearing for t}te appellant had submimed that the issue involved in this appeal is squarely covered by the judgment of this Coun in LAAS.No.5Z5 of 2017, which was dismissed on 12.12.2Q22 by following the common judgment in LAAS No.640 of 20lJ &. batch, dated 21.09.2022 and as this Appeal also pertains to adjoining lands covered in LAAS No.640 of 201J & batch, the appeal ma1, be dismissed. Following the judgment dated 12.12.2022 in LAAS.No.575 of 2017 and for reasons alike, this Appeal is also dismissed. No cosrs. Miscellaneous petitions, if any, pending sla\smnd closed. Sd/- C.V. MALIKARJUNA VARMA JOINT REGISTRAR //TRUE COPY// SECTION OFFICER 1 records, if any)
1. The I Additional Senior Civil Judge, Ranga Redd 2 One CC to Sri Y Rama Rao (SC FOR HTVDA) [OPUC] 3. One CC to Sri Srinivasa Rao Madiraju, Advocate tOpUCl 4, Two CD Copies istrict at LB Nagar. (with t I oT (Along with a copy of the order dated 12122022 in LAAS NO. 575 of 2Ot7) VH/DL HIGH COURT DATED: 1010212025 JUDGMENT+DECREE LAAS.No.326 of 2017 lHE SI4 16. 6 (' i: (,; -}. C ,), 17 JUN Um t D
1.r.. * 'iro bll' DISMISSING THE APPEAL WITHOUT COSTS i I I i I THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER AND THE HON'BLE SMT. ]USTICE M.G. PRIYADARSINI L.A.A.S.No.575 OF 2017 JUDGMENT: (Per Hon'ble Dr.SA,l) This appeal, under Section 54 of the Land Acquisition Act, 1894 (for short, 'the Act'), is filed by the Special Deputy Collector, (Land Acquisition) Unit -I, Outer Ring Road Project, HMDA, Hyderabad, aggrieved by the order, dated 03.02.2016, passed in LAOP No.69 of 2013 by the learned I Additional Senior Civil ludge, Ranga Reddy District at L.B. Nagar-
2. Heard the learned counsel for both sides and perused the record.
3. The subject lands of the claimants were acquired by the Government for the purpose of construction of Trumpet interchange on NH7 connecting with Outer Ring Road and International Airport, Shamshabad by issuing draft notiFication under Section a(1) of the Act on 24.O5.2006 fottowed by draft declaration under Section 6 of the Act on 19.02.2007. After due enquiry, the Land Acquisition Officer, has passed an award on 24.08.2OO7 fixing the market value of the acquired I 2 Dr.SA,l & MGP,.l L.A A.S.No.575 of 2017 Iand at Rs.10,00,000/- per acre. Not satisfied with the compensation determined by the Land Acquisition Officer, the claimants filed protest petition and sought reference under Section 1B of the Act seeking enhancement of compensation. The reference Court, vide impugned order has enhanced the market value of the acquired land from Rs.10,00,000/- per acre to Rs.10,500/- per square yard with a deduction at the rate of 33olo towards development charges as on the date of notification under Section IV(i) dated 24.O5.2006 with all statutory benefits along with solatium @ 30% and addltional market value @ l2o/o per annum from the date of notificatlon to date of award. The claimants were granted interest on the enhanced market value at the rate of 97o per annum for one year from the date of award and thereafter, 15%o p.a till the date of realization of compensation amount. The claimants were also granted interest on solatium and additional market value. Aggrieved by the same, the present appeal is filed by the Land Acq uisition Officer.
4. In the course of submissions, it is brought to the notice of this Court that the lands adjoining to the lands covered in the subject O.P were also acquired by the same notification 3 Dr.SA,l & MGP,I L A-A.S.No-575 of 2017 and vide subject Award dated 24.11.2007, the market value was fixed at Rs.1,200/- per square yard. Not satisfied with the compensation determined by the Land Acquisition Officer, the claimants therein have preferred LAOp Nos.947, 946, 1325, 944, 7323, 942 and 943 of 2O0B on the file of the Additional District ludge, L.B.Nagar, Ranga Reddy District. The Reference Court after due enquiry was pleased to enhance the compensation from Rs.1,200/- per sq.yard to Rs.10,500/- per sq.yard. Aggrieved by the enhancement of compensation, the Land Acquisition Officer has preferred LAAS Nos.640 of 2073, 1,, 2, 3, 47, 46 and 54 of 2074 before this Court raising several contentions. This Court after examining all the conten[ions raised by both sides was pleased to confirm the market value fixed by the Reference Court i.e., Rs.10,500/- per square yard with all statutory benefits including the interest on solatium and enhanced/additional market value.
5. As the subject lands are adjoining to the lands covered in LAAS Nos.640 of 2073, 7, 2, 3, 4L, 46 and 54 of 2Ot4, the market value fixed by the Reference Court i.e., Rs.10,500/- per square yard is same and the purpose for which the . rr: .i,1ii!.ffi 4 DT,SA,I & I.4GP,] L.A.A.S.No.575 of 2017 acquisition made is also same, the present appeal is also liable to be dismissed in terms of the common judgment, dated
27.O9.2022 passed by this Court in L.A.A.S.Nos.640 of 2013, 1,2,3,47,46 and 54 of 2014.
6. Accordingly, this appeal is dismissed in terms of the common judgment, dated 21.09.2022 passed by this court in LAAS Nos.640 of 2073, I, 2, 3, 4I, 46 and 54 of 2014. As a sequel, miscellaneous petitions pending, if any, in this appeal, shall stand closed. No order as to costs. Dr. SHAMEEM AKTHER, l M.G. PRIYADARSINI, ] Dare:72.72.2022 sc5 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD I/ONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA LAAS NO: 326 OF 2017 Between: Special Dy. Collector, LA Unit No. 1 ORR Project, Hyderabad [Vletropolitan Development Authority, Tarnaka, Hyderabad. AND Smt. P. Savithri Wo. Late Surya Prakasam, Aged about 77 years, Occ Household, R/o. H.No.'19, Bahadurpura Housing Board Colony, Hyderabad. ...APPELLANT/REFERRING OFFICER ...RESPONDENT/CLAIMANT Appeal filed under section 54 of Land Acquisition Act against the common order and decree dated 03.02.2016 in L.A.O.P.Nos. 3'1 1 of 2008,26 of 2009, 17 of 2O11 and 69 of 2013 on the file of the Court of the I Additional Senior Civil Judge, Ranga Reddy District at LB Nagar. This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Court below and the material papers in the case and upon hearing the arguments of Sri Y. Rama Rao, Standing Counsel for HMDA for the appellant and Sri Srinivasa Rao Madiraju, Advocate for the Respondent. This Court doth Order and Decree as follows:
1. That the LAAS. No. 326 of 2017 be and hereby is dismissed in terms of the Judgment dated 12.12.2022 in LAAS No. 575 of 2017,
2. That there shall be no order as to costs in this appeal Sd/- C.V. MALIKARJUNA VARMA INT REGISTRAR J To, //TRUE COPY// t SECTION OFFICER '1 , The I Additional Senior Civil Judge, Ranga Reddy District at LB Nagar. (Copy of the Judgmenl dated 12.12.2022 in LAAS No. 575 of 2017 is enclosed)
2. I wo CD Copies VH/DL HIGH COURT DATED: 1010212025 DECREE + JUDGMENT LAAS.No.326 ot 2017 DISMISSING THE APPEAL WITHOUT COSTS I 2(