Special Deputy Collector, Y.R.P. Unit-III, Peddapuram v. Komarthu Jogi Raju
Case at a glance
Outcome
Dismissed
Following the same, this appeal is dismissed confirming the
Provisions considered
Key paragraphs
- Para 11. Komarthu Jogi Raju ..Respondent The Court made the following Judgment: THE HON’BLE SRI JUSTICE A.GOPAL REDDY THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1160 of 2000 Oral Judgment: (Per Hon’ble Sri Justice A. Gopal Reddy) This appeal under Section 54 of the Land Acquisition Act, 1894…
Judgment
Judgment
21-04-2010 The Land Acquisition Officer and Special Deputy Collector, Y.R.P. Unit-III, Peddapuram …Appellant
#1. Komarthu Jogi Raju ..Respondent The Court made the following Judgment:
THE HON’BLE SRI JUSTICE A.GOPAL REDDY THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.1160 of 2000 Oral Judgment: (Per Hon’ble Sri Justice A. Gopal Reddy) This appeal under Section 54 of the Land Acquisition Act, 1894 (for short “the Act”) by the Land Acquisition Officer (LAO) is filed questioning the enhancement of compensation made by the Senior Civil Judge, Peddapuram in O.P.No.430 of 1990 dated 17-08-1999. An extent of Ac.2.96 cents of land belonging to the claimant situated in Sy.No.601/3 of Kambalapalem village was acquired by the Government for the purpose of Yeleru Reservoir Project by issuing Notification under Section 4(1) of the Act on 27-08-1987. The Land Acquisition Officer after complying due formalities fixed the market value of the acquired land at the rate of Rs.12,000/- per acre, treating it as dry land. On a reference being made to the civil court under Section 18 of the Act, the reference court fixed the market value at Rs.40,000/- per acre following the judgments of this Court in A.S.No.2913 of 1996 dated 17-3-1998 and A.S.No.2733 of 1996 dated 26-02-1998. Learned Government Pleader for Appeals fairly concedes that the market value fixed for the lands acquired in Kambalapalem and J. Annavaram has been confirmed by this Court following the judgment passed in A.S.No.2733 of 1996 dated 26-02-1998, where under this Court fixed the market value for the wet lands at Rs.50,000/- and dry lands at Rs.40,000/-. Following the same, this appeal is dismissed confirming the impugned order passed by the reference Court in all respects. However, the claimants are entitled to interest not only on the enhanced compensation but also on the additional market value and solatium as per the law declared by the Constitutional Bench of the Apex Court in SUNDER v. UNION OF INDIA[1]. There shall be no order as to costs. _______________ A. GOPAL REDDY, J __________________ G.V.SEETHAPATHY,J Date:21-4-2010 Murthy . [1] AIR 2001 SC 3516
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Following the same, this appeal is dismissed confirming the
Which statutory provisions did this judgment involve?
Land Acquisition Act, 1894 — s. 54.
Which court decided this case, and when?
Andhra Pradesh High Court, on 21 Apr 2010. The bench was A GOPAL REDDY, G V SEETHAPATHY.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.