The High Court · 2025

Counsel for the Appellant: Sri Y. Rama Rao (Standing Counsel for HMDA) Counsel for the Respondent: Sri Praveen Vyapari The Court delivered the following JUDGMENT: HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA L.A.A.S.l{o .79 0F 201E JUDGMENT: lpe.r Horr'ble Smt. Justice Tirumala Deui Eada) When the matter is taken up for hearing, learned Standing Counsel appearing for the appellant had submitted that the issue involved ir-r this appeal is squarely covered by the judgment of this Court in L.A.A.S_No.57S of 2OlZ, which was dismissed on 12.12.2022 bv follou,ing the common judgment ot this Courr in L.A.A.S.No.640 of 2O13 & batch, dated 21.09.2022 and. as rhis Appe:rl also perrains to the adjoining lands covered in L.A.A.S.No.640 of 2Ol3 & batch, the appeal may be dismissec.l. 2J Follou.ing the judgment dated, 12.12.2022 in L.A.A.S.No.575 ol 20 17 and for reasons alike, this Appeal is also dismissecl. No CoSLS To, Misccllaneous petitions, if any, pending shall stand closcd sD/- c.v. //TRUE COPY// LIKARJUNA VARMA JOINT REGISTRAR SECTION OFFICER 1 The Special Sessions Judge for Trial of Cases u cum- Vll Additional Dist rict and Session District (with records, if a nv) 2 One CC to Sri y Rama Rao (SC FOR HMDA) IOPUC] 3. One CC to Sri praveen V 4 Two cD copies yapari' Advocate toPucl SC/ST (POA) Act. 1989_ s Judge at LB Nagar Ranga Reddy .W I I'gh (Annexed copy of Order d ated 12.12.2022in LAAS No. 575 of 2017) HIGH COURT DATED: 0710312025 JUDGMENT+DECREE LAAS.No.79 ot 2018 1,R t:n a s ( ( 0 U UJ ? 0 25 . ..t . /r, --/ - !)( 1r. A DISMISSING THE APPEAL THE HON.BLE DT. ]USTICE SHAMEEM AKTHER AND THE HON'BLE SMT. JUSTICE M.G. PRIYADARSINI L.A.A.S.No.S75 OF 2017 IUDGMENT: (per Hon,bte Or. SA,t) 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 learn€d 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 Internatronal Airport, Shamshabad by issuing draft notification under Section 4(I) of the Act on 24.05.2006 followed 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 2 )..SA,l & IIIGP,I L A.A ', No.575 of 2017 land at Rs.10,00,000/- per acre. Not satisfiec with the compensation determined by the Land Acquisition ( )Fficer, the claimants filed protest petition and sought refer€,nce under Section 18 of the Act seeking enhancement of corrpensation. The reference Court, vide impugned order has enlranced the market value of the acquired land from Rs.10,00 000/- per acre to Rs.1O,50O/- per square yard with a deduciion at the rate of 33olo towards development charges as on t-re date of notification under Section IV(i) dated 24.O5.2OO\, with all statutory benefits along with solatium @ 30o/o and additional market value @ L2o/o per annum from the date of r rotification to date of award. The claimants were granted interest on the enhanced market value at the rate of 9o/o per annLm For one year from the date of award and thereafter, 15olo r.a till the date of realization of compensation amount. The claimants were also granted interest on solatium and additioral market value. Aggrieved by the same, the present appeal s filed by the Land Acquisition Officer.

4. In the course of submissions, it ts brought to :he notice of this Court that the lands adloining to the lands r overed in the subject O.P were also acquired by the same rotification Dr.5A,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, 7325, 944, 1323, 942 and 943 of 2008 on the file of the Additional District ludge, L.8.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 IAAS Nos.640 of 2013, l, 2, 3, 41, 46 and 54 of 2OL4 before this Court raising several contentions. This Court after examining all the contentions 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 enha nced/additiona I market value.

5. As the subject lands are adjoining to the lands covered in LAAS Nos-640 of 2ot3, l, 2, 3, 47, 46 and 54 of 2014, the market value fixed by the Reference Court i.e., Rs.10,500/- per square yard is same and the purpose for which the I l I j l I I l r I I I i I, I I I I I 4 Dr.SA,J & MCP,I L A A.S.No.575 of 2017 acquisition made ls also same, the present appea is also liable to be dismissed in terms of the common jud( lment, dated

21.O9.2022 passed by this Court in L.A.A.S.Nos.640 of 2013, 7, 2, 3, 4t,46 and 54 of 2OL4.

6. Accordingly, this appeal is dismissed in erms of the common judgment, dated 21.09.2022 passed by this Court in i LAAS Nos.640 of 2013, l, 2, 3, 4t,46 and 54 of tOL4. As a sequel, miscellaneous petitions pend tg, if any, in this appeal, shall stand closed. No order as to co ,ts. Dr. SHAMEEPI AKTHER, J M.G. PRIYADARSINI, J Datei 12.12.2022 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA LAND ACQUISITION FIRST APPEAL NO: 79 OF 2018 Between: Special Grade Deputy Collector {LA), Unit -1, ORR Project, Hyderabad Metropolitan Development Authority HMDA Complex, Tamaka, Hyderabad- 500 007 ...APPELLANT(S) AND Smt. Pushpa Bai, Wo Amarchand, Aged Major, R./o. Kamal Nivas, H.No.3-5- 141lEzlB, Eden Bagh, Ramkote, Hyderabad. ...RESPONDENTS Appeal filed under Section 54 of L.A Act against Judgment and Decree dated 21st June, 2016 in L.A. O,P. No. 705 ot 2010 on the file of the court of the Special Sessions Judge for Trial of Cases under SC/ST (POA) Act, 1989-cum- VllAdditronal District and Sessions Judge at LB Nagar Ranga Reddy Distrrct. 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 Praveen Vyapari, Advocate for the Respondent. This Court doth Order and Decree as follows:

1. That the LAAS No. 79 of 2018 be and hereby is dis;missed following the judgment dated 12.12.2022 in LAAS No. 575 ot 2017 and for reasons alike

2. That there shall be no order as to costs in this appeal SD/. C.V. MALLIKARJUNA VARMA INT REGISTRAR //TRUE COPY// r.l &CTION OFFICER t-l To'

1. The Special Sessions Judge for Trial of Cases under S(;/ST (POA) Act, 1989- cum- Vll Additional District and Sessions Judge at LB Nagar Ranga Reddy District.

2. fwo CD Copies VH HIGH COURT DATED: 0710312025 DECREE LAAS.No.79 of 2018 DISMISSING THE APPEAL sv,