✦ High Court of India · 06 Feb 2025

The High Court · 2025

Case Details High Court of India · 06 Feb 2025
Court
High Court of India
Decided
06 Feb 2025
Length
2,296 words

12. Srinivas, S/o late Narasimha, Aged 26 years, Occ: Emp r yee Rl/o Alwal (V), Vallabhnagar Tq. 'l 3. Anand, S/o late Narasimha, Aged 21 years, Occ: stude l R/o Alwal (V), Vallabhnagar Tq. '14. Ellaiah, S/o late Narasimha, Aged 32 years, Occ: Stucer R/o Alwal (V), Vallabhnagar Tq.

15. Raleswari, D/o late Narasimha, Aged 30 years, Occ; St r ent R/o Alwal (V), Vallabhnagar Tq.

16.Smt. C. Radhamma, W/o late C.P. Ramesh, Aged 27 yoi rs, Occ: Household R/o Alwal (V), Vallabhnagar Tq.

17. [4aster Sai Krupakar, S/o C.P. Ramesh, Aged I years, : :c; Student R/o H No. '1 -6-69, Old Alwal (V), Valiabhnagar Tq. 1 B. Baby Shalini, Dio late C.P. Ramesh, minor, Occ: Stude'r R/o 1-6-69, Old Alwal (V), Vallabhnagar Tq.

19. Baby Sravani, Dio late C.P. Ramesh, minor, Occ: Studr,r t R/o 1-6-69, Old Alwal (V), Vallabhnagar Tq. (Claimant Nos.17 to 19 are being minors rep. by their n,l rral mother as guardian i.e. C-16 All are residence of H.No,1-6-69-, Ol j Alwal, Ranga Reddy District. )

20. Chinnagari Satyamma, W/o late C. Narasimha, Aged 41, rears, Occ: Household R/o 1-6-64, Old Alwal lvlunicipality, Ranga Re idy Dist. 21 . Kum. Chinnagari Ambika, D/o late C. Narasimha, aged 2 ) years, Occ: Household fuo 1 -6-64, Old Alwal Municipality, Ranga R e jdy Dist. (As per Order in IA 983 of 2003 dated 07.07.2003 LRs 1r rught on records as C-20 and C21)

22.Yellamma, W/o late C. Yadaiah, Aged 50 years, Occ: H: rsehold R/o Alwal (V), Vallabhnagar Tq.

23.Venkatesh, S/o late C. Yadaiah, Aged 23 years, Occ: A3 il. R/o Alwal (V), Vallabhnagar Tq. (As per order in lA 982 of 2003 dated 08.07.2003 LRs br rught on record as C-22 and C23)

24. Rama Swamy, S/o late C. Yadaiah, Aged 21 years, Ocr;: Student R/o Alwal (V), Vallabhnagar Tq.

25. C. Ramchander, aged about 55 years, 26. C. Venkatesh, aged about 55 years, Both are S/o. C. Prr, da Narasimha fuo. Juna Bazar, Near Head Post Office, Narli Bagh, Aurangz:adh, ftilaharashtra State. RR-25-26 are brought on record as LRs of deceas :d R-l as per the Honble C.O. d1.22.11 .13 made in LAAS MP-1257113. ".."..^ ,r4.Irffi7 - <-,iDt7 -t/.

27. Chenigiri Yadagiri, S/o. late Chenigiri Pedda Narsimtra, Aged about 65 years' Occ:B"edwriodent, R/o 5-631/32, Ambedjar Nagar, Old Alwal' Hyderabad' Respondent No.27 is brought on record as LR's of deceased Respondent t'lo.i ,r p"r court order olteo oo.oz.zoz5, vide lA'No 3 of 2019 in LAAS' No.77 of 2010. ...RESPONDENTS/CLAIMANTS Counsel for the Appellant: GP FOR APPEALS Counsel forthe Respondent No'2: SRI Y' V' VENUGOPAL Counsel for the Respondent Nos. 25 & 26l. SRI M'V' PRATAP KUMAR Counsel forthe Respondent No.27: SRI C' ASHOKVARDHAN The Court delivered the following: JUDGMENT <-,,,.-,,'_: :t .. . -ad!.+ *r{.{+!*"i3, .-:: I 3 ,! : ! I I I i t, I i l I I i THE HON'BLE SRI JUSTICE ABHINAND KUM/ R SHAVILI AND THE HON'BLE SMT. JUSTICE TIRUMALA f I )vI EADA L.A.A.S.No.77 of 2O1O JUDGMENT: (Per I lot L'ble ,hlstice Abhinand Kuntdr Shauili) Hcard the learned Government Pieade - for Appeals, appearing for the appellant and Sri Y.V Venugopal earned counsel appearing for respondent No.2 and Sri M.V. Pratap (umar, learned counsel appcaring lor the respondent Nos.25 and 2 (

2. This appeal, under Section 54 of the Land , ,cquisition Act, 1894, (for short 't he Act') is hled aggrieved by tL e .judgment and decree daLed 21.10.2003 passed in O.P.No.134 of 986 on the hle of the II Aclditional Senior Civil Judge, L.B.Nz 1 ar, Hyderabad (hereinafter relerred to as "the Reference Court').

3. It is the contention of the learned Gor.t 1 nment Pleader appearing for the appellant that the land to an e; t :nt of Ac.O6-20 guntas of the respondents was acquired in ; rrsuance of a notillcation under Section 4(1) of the Act, dated ( 6.07.1978 and the Lancl Acquisilion Officer has awarded c: rrpensation of Rs.20,000/- per acre vide Award dated 23.O8.19t2 . Not satisfied with the compensation awarded by the Land Acrl risition Officer, the respondents have sought for reference under ii rction 18 of the Act for enhancement of compensation and thr: reference u,as 2 numbered as O.P.No.134 of 1986. The reference Court has enhanced the compensation from Rs.20,000/ - per acre to that of Rs.30/- per square yard, without appreciating any of the contentions raised by the appellant. Therefore, appropriate orders be passed in the present appeal, by setting aside thc order passed by the reference Court in O.P.No.134 of 1986, dated 21.10.2OO3.

4. Learned counsel appearing for the responcients had contended that the Reference Court has relied on the orders passed in O.P.No.244 of 1986, wherein the lands in question lherein were acquired for the same purpose, i.e., for laying a broad gauge line and the Reference Court, to maintain parity with the compensation au'arded in O.P.No.244 of 1986, has enhanced the compensation for the subject land to Rs.30/- per square yard and as such, the appeal lacks merit and is liable to be dismissed.

5. This Court, having considered the rival submissions made by the parties, is of the opinion that the Reference Court was justified in enhancing the compensation for the subject land from Rs.20,O00/- per acre to Rs.3O/- per square yard by relying on the orders passed in O.P.No.244 of 1986. The Iand in O.P.No.244 of 1986 was also acquired for the same purpose as that of the respondents' land. Therefore, this Court is not inclined to interfere with the orders passed by the Reference Court. '-EFry -.}

6. With the ilbovc observations, this appeal is r rsmissed. No CoStS, As a st'qrrr:1. rniscellaneotts applications pe r ling if any 1n tl-ris appeal, shall sttrncl closed IITRUE COPYII -; #it""-';3't+Ri". $fcrror'r oFFlcER To,

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3. ['ffiT:t'il: l];r{'."*"**fr1";fff 4 5 6 Two CD Copies PIP/DL '#ifi',. ry. (2 dLafts) ..-:a.-'::t-.- -.'-;ri';l'E Oi . nt': 1$ \J ,'.\ ( ,1: lt,. lt -' \\| - HIGH COURT DATED:0610212025 JUDGMENT+DECREE LAAS.No.77 of 2010 DISMISSING THE APPEAL. WITHOUT COSTS. 1 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA LAND ACQUISITION APPEAL SUIT NO: 77 OF 2010 Between: The Land Acquisition Officer, Special Dy. Collector (LA), General, Hyderabad AND ...APPELLANTiRESPONDENT

1. Chinnagari Peda Narasimha (Died) per LRs RR-25-26, 2. Chinnagari Narasimha (died), (per LRs brought on records. As per orders in lA 982 of 2003 dated 03.07.2003 Added as C-2O and C21)

3. Chinnagari Yadaiah (died), (As per LRs brought on records. As per orders in lA 982 of 2003 dated 08.07.2003 Added as C-22 and C24)

4. Chinnagari Dasarath, S/o Pochaiah, Aged 28 years, Occ: Agril. R/o Alwal (V), Vallabhnagar Tq.

5. Chinnagari Pentarah, S/o Lakshmaiah, Aged about 60 years, Occ: Agril. R/o Alwal (V), Vallabhnagar Tq. (per LRs brought on records. As per orders in lA 1016 of 2000 dated 18.06.2000 as C-B and C10)

6. Chinnagari Raju, S/o Bikshapathy, Aged 22 years, Occ: Agril. Rl/o Alwal (V), Vallabhnagar Tq.

7. Chinnagari Yadaiah, S/o Pochaiah, Ivlajor, Agril. R/o Alwal (V), Vallabhnagar Tq. (LRs brought on records. As per orders in lA 10.17 of 2000 dated 18.06.2000 Added as C-1 1 and Cl5)

8. Pochamma, W/o C. Pentaiah, Aged 60 years, Occ: Housewife R/o Alwal (V), Vallabhnagar Tq.

9. Ramesh, S/o late Pentaiah, Age 31 years, Rl/o Alwal (V), Vallabhnagar Tq. (LRs brought on records. As per orders in lA 355 of 2003 dated 28.O2.2OO3 as C-16 and C19)

10. Laxman (died), S/o late Pentaiah R/o Alwal (V), Vallabhnagar Tq. (Claimant No..10 died prior to his marriage leaving his mother who is already on records that is C-8)

11.Laxmamma, Wo Narasimha, Aged 26 years, Occ: Employee R/o Alwal (V), Vallabhnagar Tq. ,r:3:,:",:5-":Tr', ./,/ -12. Srinivas, S/o late Narasimha, Aged 26 years, Occ: EmpI yee Rt/o Alwal (V), Vallabhnagar Tq.

13.Anand, S/o late Narasimha, Aged 21 yea.s, Occ: stude,rt R/o Alwal (V), Vallabhnagar Tq.

14. Ellaiah, S/o late Narasimha, Aged 32 years, Occ: Studer. R/o AIwal (V), Vallabhnagar Tq.

15. Rajeswari, Dio late Narasimha, Aged 30 years, Occ; St t, ent R/o Alwal (V), Vallabhnagar Tq.

16. Smt. C. Radhamma, Wo late C.P. Ramesh, Aged 2l y()i rs, Occ: Household R/o Alwal (V), Vallabhnagar Tq.

17. Nlaster Sai Krupakar, S/o C.p. Ramesh, Aged g years, ) ;c; Student R/o H.No.1-6-69, Old Alwat (V), Vailabhnagar Tq. l B. Baby Shalini, D/o late C.p. Ramesh, minor, Occ: Studell R/o 1_6_69, Old Alwal (V), Valtabhnagar Tq.

19. Baby Sravani, D/o late C.p. Ramesh, minor, Occ: Stude r R/o 1_6-69, Old Alwal (V), Valtabhnagar Tq. (Claimant Nos.17 to 19 are being minors rep. by their n: t rral mother as guardian i.e. C-16 AII are residence of H.No.1-6-69-, Olrl \wal, Ranga Reddy District. )

20. Chinnagari Satyamma, W/o late C. Narasimha, Aged 4t ears, Occ: Household RJo 1-6-64, Old Alwal lrlunicipality, Ranga R ) dy Dist. 21 .Kum. Chinnagari Ambika, D/o late C Narasimha, aged tlr years, Occ: Household R/o 1-6-64, Old Alwal lr/unicipality, Ranga R: Cy Dist. (As per Order in lA 983 of 2003 dated Ol .Ot .2003 LRs b r ,ught on records as C-20 and C21 )

22. Yellamma, W/o late C. Yadaiah, Aged 50 years, Occ: H,r sehold RJo Alwal (V), Vallabhnagar Tq.

23. Venkatesh, S/o late C. Yadaiah, Aged 23 years, Occ: Ag r I. R/o Alwal (V), Vallabhnagar Tq. (As per order in lA 982 of 2003 dated 08.07.2003 LRs brc rght on record as C-22 and C23)

24. Rama Swamy, S/o late C. yadaiah, Aged 21 years, Occ jtudent R/o Alwal (V), Vallabhnagar Tq.

25. C. Ramchander, aged about 55 years, 26. C. Venkatesh, aged about 55 years, Both are S/o. C. pel ja Narasimha R/o. Juna Bazar, Near Head Post Office, Narli Bagh, Auranqirl adh, I\,4aharashtra State. RR-25-26 are brought on record as LRs of decea: ( C R_1 as per the Honble C.O. dt.22.11.13 made in LAAS Mp_1257113.

27. Chenigiri Yadagiri, S/o. late Chenigiri pedda Narsimha, ir, ed about 65 years, Occ:Bedwriddent, Ryo. 5-631/32, Ambedjar Nagar, OId I I rat, Hyderabad. Respondent No.27 is brought on record as LR,s of leceased Respondent No.1 as per Court Order dated 06.02.202t vide lA.No. 3 of 2019 in LAAS.No.77 of 2010. ...RESPON t ENTS/CLAI MANTS Appeal filed under Section 54 of Land Acquisiti,r Act against the Judgment and Decree dated 21.10.2003 passed in o.p.tto 34 of 1916 on the file of the court of the ll Additional senior civil Judge, Rarg r Reddy District at L.B. Nagar, Hyderabad. -.=wz .'i9-dr7 -"{, 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 appeal and upon hearing the arguments of G.P. for Appeals, Advocate for the Appellant and of Sri Y. V. Venugopal, Advocate for the Respondent No.2 and Sri M.V. Pratap Kumar, Advocate for the Respondent Nos.25 and 26, and Sri C. Ashok Vardhan, Advocate for the Respondent N0.27. This Court doth Order and Decree as follows

1. That the Land Acquisition Appeal Suit be and hereby is dismissed; and 2. That there shall be no order as to costs in this appeal. /iTRUE COPY// To, 1 2 3 The ll Additional Senior Civil Judge, Ranga Reddy Di Two CCs to the G.P. for Appeals, State of Telangana, Hyderabad[OUT] Two CD Copies n Sd/. A.V.S. PRASAD PUTY REGISTRAR CTION OFFICER h Court Buildings at W f (2 drafts) HIGH COURT DATED:0610212025 DECREE LAAS.No.77 oI2O10 DISMISSING THE APPEAL. WITHOUT COSTS. L ( "1,

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