K.K.V.Buli Krishna
ADDITIONAL CIVIL JUDGE (SENIOR DIVISION)
X Addl District Court Anakapalle · Visakapatnam · Andhra Pradesh
K.K.V.Buli Krishna, ADDITIONAL CIVIL JUDGE (SENIOR DIVISION), is posted at X Addl District Court Anakapalle, Visakapatnam, Andhra Pradesh, India. 331 court orders on record since 2019. 11 judgments with full text available. Primarily handles OS, H, EP cases.
Featured Judgments
LAOP .No.20/2007 ASCJC/AKP Page No. 1 ASCJC/AKP Dt. 25-06-2020.
IN THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE:: ANAKAPALLE.
Present : Sri K.K.V.Buli Krishna
Additional Senior Civil Judge,
Anakapalle.
Dated: Thursday, this the 25th day of June, 2020.
L.A.O.P. No.20/2007
Between:
1. Pyla Parasuramulu (died).
2. Pyla Apparao, S/o late Parasuramulu, age 50 years, Hindu, R/at Thanam Village, Paravada Mandal, Visakhapatnam District.
3. Pyla Ramunaidu, S/o late Parasuramulu, age 45 years, Hindu, R/at Thanam Village, Paravada Mandal, Visakhapatnam District.
4. Pyla Thatababu S/o late Parasuramulu, age 39 years, Hindu, R/at Thanam Village, Paravada Mandal, Visakhapatnam District.
… Petitioners.
Vs.
Special Deputy Collector (LA) APIIC, Visakhapatnam …Referring Officer.
(2nd to 4th Claimants impleaded as per orders of this Court in I.A.No.234/2019 dt.16092019.)
This case coming before me on 19.06.2020 for final hearing in the presence of Sri M.Pydiraju, Advocate for the Claimant and Sri R.Govindaraju,
Advocate for the Referring Officer, having heard on both sides through blue jeans app video conference having perused the material papers and having stood over for consideration till this day, this Court made the following:
O R D E R
This is a Reference filed u/Sec.18 of Land Acquisition Act, 1894 by the L.A officer cum Special Dy. Collector (L.A), APIIC, Visakhapatnam on the protest made by the deceased Claimant by name Pyla Parasuramulu, whose L.Rs.
impleaded as 2nd to 4th Claimants as per orders of this Court in I.A.No.234/2019
LAOP .No.20/2007 ASCJC/AKP Page No. 2 ASCJC/AKP Dt. 25-06-2020.
dt.16092019 and whose Wet land an extent of Ac.0.18 cents i.e., Wet land an extent of Ac.018 cents in S.No.45/35 situated in Thanam Village of Parawada
Mandal which was occurred by the Government under Award No.12/95, dated 16 091995.
2.Brief narration of facts led to the present this Reference : “The APIIC Limited, Hyderabad has sent a requisition for the acquisition of the lands for an extent of Ac.134.74 cents in Thanam village of Parawada Mandal for establishment of ancillaries to Petro
Chemical Complex upon which the requisitioned land was split up into four (4) Blocks for the sake of convenience in processing the land acquisition proceedings and that the Thanam village was a Ryothwari village and the lands in the said village are classified as Dry, Wet and
Manvari Lands. The Special Dy. Collector being the Land Acquisition
Officer, at the time of processing the proposals, for acquisition of
land in Thanam Village in respect of Block No..IV of Thanam
Village under present Award compromising the Survey No. 31, 33,
38, 39, 40, 41, 42, 44 and 45 in an extent of Ac.26.21 cents,
issued 4(1) Notification invoking emergency provisions under Sec.17(4) of the Land Acquisition Act and the Draft Notification u/Sec.4(1) of
Land Acquisition Act was approved vide proceedings of Addl.
Commissioner of Industries and Special Officer (L.A), Steel Plant,
Visakhapatnam bearing No. RC 348/93, RI – III, Dt.08111993 which was published in A.P Gazette extraordinary Issue No.34/93 dated 05 121993 and the substance of the 4(1) Notification which was published in the locality on 15121993 in two Regional Telugu News
Papers i.e., Andhra Bhoomi and Eenaadu on 10011994.
The Land Acquisition Officer, after survey and sub division made by the Special Surveyor apart from prescrutinizing the sub division records by the Deputy Inspector of Survey, Task Force,
Visakhapatnam and after arriving the arrears in Sub Division records,
Draft Declaration u/Sec.6 of Land Acquisition Act was proved by the
Collector, Visakhapatnam vide proceedings No. R. Dis. No.348/93, R
IIII dated 10051994 which was published in extraordinary issue of
LAOP .No.20/2007 ASCJC/AKP Page No. 3 ASCJC/AKP Dt. 25-06-2020.
A.P Gazette No.17/1994 dated 21051994 and the substance of Draft
Declaration u/Sec.6 published in two Regional Telugu News Papers i.e., Eenaadu and Andhra Jyothi on 04061994 and the substance of
Draft Declaration u/Sec.6 published in the locality as per rules on 20 061994.
During the course of preparation of Preliminary Valuation after 4(1) notification of Land Acquisition Act for acquisition of lands in
Thanam village and after publishing the same in news papers, the
Land Acquisition Officer secured sale transactions took place in
the village during the crucial period of three years preceding the
date of 4(1) notification i.e., from 01091990 to 16111993 from
Sub Registrar’s Office, Sabbavaram and collected 50 sale
transactions during the crucial period and after considering the location of land proposed to be acquired, raising up major crops in dry lands like Casurina, Bajra, Seesamum, Ragi, Chili and other
Vegetables and cultivating paddy in wet lands as well as land in
Thanam are more fertile lands than Ponnuru Agraharam village as well as avocation of ryoths to supply milk to Visakhapatnam, the
Land Acquisition Officer after analysing the sale transactions which have to be taken into consideration and those transactions were discarded as they are small bits and does not reflect true market value and basing on the Award passed for the acquisition of lands in
Ponnuru Agraharam Village in an extent of Ac.45.83 cents vide
Award No.8/1995 dated 23061995 which was taken into
consideration to fix the market value for the acquisition of lands
i.e., by fixing the market value of Rs.87,000/ per acre for dry
land and Rs.94,250 per acre for Wet And Manvari Lands and
accordingly passed Award No.12/95 dated 16091995 by fixing
compensation as above and that the deceased Claimant by name
Pyla Adilakshmi, after receiving compensation under protest against the above said market value determined by the Land Acquisition
Officer, requested to refer application to the Reference Court u/Sec.18 of Land Acquisition Act. Hence, the present Reference was made by the Land Acquisition Officer.”
LAOP .No.20/2007 ASCJC/AKP Page No. 4 ASCJC/AKP Dt. 25-06-2020.
3. After referring the case to the Reference Court and after the death of original Claimant by name Pyla Parasuramulu, whose L.Rs.
impleaded as 2nd to 4th Claimants as per orders of this Court in
I.A.No.234/2019 dt.16092019.
The 4th Claimant filed Claim Statement with the following brief averments : “The Award passed by the Land Acquisition Officer is contrary to law, weight of evidence and probabilities of the case and he did not provide opportunity to the deceased Claimant to prove actual value of the acquired land and the Land Acquisition Officer has not taken into consideration of potential value as building site and the neighboiuring villages i.e., Venkatapuram, Ponnuru Agraharam, Tadi, Parawada,
Barnikam, Edulapaka Bonangi are suitable for purposes of industries and residential sites and that the Land Acquisition Officer fixed the market value which is too low considering the sale transactions between the interested parties which shows the arbitrariness in passing the Award.
It is also alleged by the 4th Claimant that the Land Acquisition
Officer has not followed the prescribed procedure and rules laid down in Land Acquisition Act and passed the Award with whims and fancies and when the deceased claimant appeared before the Land
Acquisition Officer to give statement for the notice u/Sec.9(3) and 10(1) of Land Acquisition Act, he disclosed that the present value of lands in the village is at par with the acquired lands situated almost adjoining to Parawada village and location of Steel Plant Town Ship near to the acquired lands and that at the time of acquisition of lands, the neighbouring villagers being purchased house sites @ Rs.100 to 200/ per Sq. Yards which comes to Rs.5,000/ to Rs.8,000/ per cent and that the Government also declared the lands in Thanam
Village of Parawada Mandal and the lands in vicinity of Lankelapalem
Junction, Anakapalle, Visakhapatnam Steel Plant, Simhadri Dharmal
Power Project in Parawada Mandal as Industrial Development Area as there is a vast and fast development as well as for house sites which resulted in good demand for higher cost.
LAOP .No.20/2007 ASCJC/AKP Page No. 5 ASCJC/AKP Dt. 25-06-2020.
The present Thanam village is an important and vast development area as it is very nearer and in between Visakhapatnam and Anakapalle which are urbanized areas and there are no lands in
Anakapalle and Visakhapatnam which are available for house sites as well as industrial purposes and moreover VUDA plots are also situated nearer to Edulapaka Bonangi Village and the village
Thanam having more fertile lands than the surrounding villages
wherein the villagers are raising and cultivating crops like Paddy,
Vegetables, Ragi, Chilli, Casurina and other Commercial Crops
apart from having irrigation facilities and thereby getting annual
income of Rs.15,000/ per acre.
It is also alleged that the Land Acquisition Officer has not taking into consideration of the proximity of acquired lands, to the residential, commercial, industrial, educational, agricultural or medical institutions apart from existing amenities like water, electricity and drainage and if the sale transactions are not available in the crucial period for the acquired land, the sale transactions of neighbouring village can be taken into consideration and in view of
Amended Land Acquisition Act, the Claimant is entitled for compensation including benefits available under Amended Act and the calculation and valuation of the trees and structures in the acquired land is not correct and reasonable and hence prayed to enhance the market value of the acquired land at Rs.8,00,000/ per acre including the benefits under Amended Act.” The 2nd and 3rd claimants adopted the statement of 4th claimant.
4.During the course of enquiry, on behalf of Claimants P.W.1 examined and Ex.P.1 to Ex.P.11 marked subject to objection by learned Assistant Government
Pleader and on behalf of Referring Officer R.W.1 examined and Attested Copy of
Award No.12/95, dated 16091995 marked as Ex.R.1.
5.Heard both sides.
6.The learned counsel for the Claimants argued by drawing the attention of this Reference Court to the contents of Award, Claim Statement as well as
LAOP .No.20/2007 ASCJC/AKP Page No. 6 ASCJC/AKP Dt. 25-06-2020.
objections and the acquired lands in Thanam village are more potential and fertile lands when compared to surrounding villages in which land acquisition has took place and the market value was determined by the Land Acquisition Officer as
Rs.87,000/ per acre for dry land and Rs.94,250/ per acre for wet land and so the market value ought to have raised by the then Land Acquisition Officer at the time of fixing market value and the Land Acquisition Officer clearly observed in the
Award that the Thanam village is more fertile and potential than the surrounding villages i.e., Ponnuru Agraharam, etc., and on viewing in any angle the market value ought to have increased by the then Land Acquisition Officer and hence prayed to order for enhancement of compensation awarded by the Land Acquisition Officer along with statutory benefits and apart from oral submissions quoted citations i.e., 1998 (1) LACC 61, 1985 Delhi 298, AIR 1986 Delhi 140, AIR 2001 SC 1117, 2003 (6) ALD 686 (DB) and AIR 2001 SC 3516.
7.Whereas on the other hand, the learned Assistant Government Pleader argued that the documents relied on by the Claimants in respect of small extents which cannot be applied to enhance compensation rightly determined by the Land
Acquisition Officer and hence prayed to dismiss this Land Acquisition Original
Petition.
8.Now the point for consideration is :
“1. Whether the market value fixed by the Land Acquisition Officer is proper or not ?
2. Whether the Claimant are entitled for any enhancing of market value fixed by the Land Acquisition Officer or not ?”
9.Point No.1 and No.2 :
At the outset it could be said that there are some undisputed facts in the Claimant’s allegations which are acquisition of lands of Claimants, with the admitted extent of land, by the Government under Award No.12/95, dated 1609 1995 as well as entitlement of compensation by the Claimants and receipt of
LAOP .No.20/2007 ASCJC/AKP Page No. 7 ASCJC/AKP Dt. 25-06-2020.
compensation amount under “Protest” by the deceased Claimant but the only contention of the Claimants are that the Land Acquisition Officer has not awarded acceptable compensation which is not according to comparable sale prices and
not considered some factors like raising of commercial crops like Chillies and
Vegetables apart from having sufficient income from the acquired lands and also not considered about potentiality of the acquired lands by comparing the potentiality of surrounding lands in a nearby villages and that the Land
Acquisition Officer has to determine the compensation basing on square yards
basis but not on acres basis as because the surrounding area is covered with
Industries, Petro Chemical Projects and proximity of the acquired lands near
to the developed areas and there is considerable price of acquired lands as on the date of acquisition which was not taken into consideration and the above
said facts are not admitting by the Referring Officer and on the other hand
defending the same as not correct.
10. There are certain above undisputed facts as such this court would not like to touch on those points. The Claimants and Land Acquisition Officer
disputing with each other in respect of market value, potentiality, proximity
of the acquired lands near to developed areas which alleged to be lacking
consideration of various facts of potentiality, price of acquired lands prevailing
as on the date of acquisition on which aspects have to the focused the
evidence and nothing else.
11.This court perused the Claim Statement and chief examination affidavit of one of the Claimants which reveals some new facts introduced in the
evidence and some were omitted when compared those contents with that of
reasons of Claimant which was the subject of reference under Sec.18 of the
LAOP .No.20/2007 ASCJC/AKP Page No. 8 ASCJC/AKP Dt. 25-06-2020.
Land Acquisition Act. Taking in view of this angle this court inclined to narrate brief original pleadings which have taken in Claim Statement for sake of convenience and to avoid lengthy judgment.
12.The 4thClaimant, to substantiate their version to get enhanced compensation, examined himself as P.W.1 who in his chief examination by way of affidavit as usual reiterated the important contents of claim statement which brief facts this court already discussed in the above paras as such again not inclined to narrate the same in order to avoid repeatance of allegations and apart from that
narrated that the then Land Acquisition Officer even though recognized the
potentiality and nature of Thanam village and elaborate discussion in the
Award but not considered in fixing reasonable compensation and the Land
Acquisition Officer has not taken into consideration of prospective improvements in and around the acquired land for the development of house sites and colonies and there are several Educational Institutions with Residential Hostels, Government
Offices, Railway Stations i.e., Tadi and Duvvada, other allied industries for Steel
Plant and that some of the lands in Thanam village and neighbouring village i.e.,
Edulapaka Bonangi which are situated in the distance of 1 K.M from Parawada which is a Mandal Head Quarters were already purchased by the Real Estate people for the purpose of laying house plots for construction of colonies as a Satellite
Township and apart from that stated that the then Land Acquisition Officer
acquired lands in Edulapaka Bonangi village by paying compensation @
Rs.2,06,000/ per acre for dry land and Rs.2,23,000/ per acre for wet land in
the year 1996 under Award No.4/96 and also the said Land Acquisition Officer
acquired lands in Tadi village for which compensation was paid at
Rs.2,09,000/ per acre for dry land and Rs.2,17,700/ per acre for wet land
under Award No.18/96andsome other lands acquired in Revada,
LAOP .No.20/2007 ASCJC/AKP Page No. 9 ASCJC/AKP Dt. 25-06-2020.
Cheepurupalli, Kalapaka and Swayambuvaram Villages of Parawada Mandal for
establishment of N.T.P.C by paying compensation at Rs.2,25,000/ per acre
under Award No.1/98 and also stated that the deceased Claimant used to get
income of rupees nearly 40,000/ per acre by raising commercial crops i.e.,
chillis and vegetables and the lands are very fertile, potential, having
abundant water sources even for agriculture and the Land Acquisition Officer
also acquired lands in Thanam Village under four blocks by passing separate
Awards i.e., Award No.10/1995 to 13/1995 by awarding compensation to the
lands including the present award and that the cases referred u/Sec.18 to the
Reference Court in Award No.10 to 13/1995 were disposed off on merits in the
year 2005 by enhancing market value along with statutory benefits and apart from that marked Xerox Copy of Certified Copy of Decree and Order in L.A.O.P
No.33/1998 relating to Award No.12/95, dated 06062005, Award No.4/96, 18/96 and 10/98 relating to acquisition of lands in Edulapaka Bonangi Village,
Tadi Village and Cheepurupalli Village dated 24061996, 27031997 and 2912
1998 respectively, Xerox Copy of Registration Extract of Sale Deed dated 03
111993, 06121995 executed in favour of Gorli Chinababu and Rayudu
Apparao in respect of lands in Thanam Village, Xerox Copy of Certified Copy of
Lay Out Map of Ganesh Nagar in Edupaka Bonangi Village, Xerox Copy of
Registration Extract of Sale Deed dated 24101989 and 30011990 in favour
of P. Leela Srinivasa Rao, S.P. Pratap, Xerox Copy of Certified Copy of
Registration Extract of Sale Deed dated 31031990 and 04051991 in favour
of Neelapu Ramakrishna and Gudala Laxmi Jhansibai in respect of lands in
Edulupaka Bonangi village and finally another Xerox Copy of Certified Copy of
Decree and Order in L.A.O.P.No.19/2007 relating to Award No.12/95 dated.30
042018 as Ex.P.1 to Ex.P.11 and also stated that the Reference Court taken
LAOP .No.20/2007 ASCJC/AKP Page No. 10 ASCJC/AKP Dt. 25-06-2020.
into consideration of Sale Deed dated 06121995 for an extent of land Ac.0.08
cents in S.No.65/3 of Thanam village executed in favour of Rayapura Apparao
by one Adduru Chinnodu in passing award in Award No.10/95 to 13/95 and the
recommendations of negotiations committee have also taken into
consideration by the Reference Court at the time of passing Award and in the
above said awards the Reference Court has fixed compensation at
Rs.1,00,000/ per acre for dry lands and Rs.1,05,000/ per acre for wet land
with all benefits etc.,
13.This Court would like to discuss the chief examination of Referring
Officer at this relevant point of time in order to compare and discuss the cross examination of both witnesses i.e., P.W.1 and Referring Officer as R.W.1 wherever necessary to touch them.
14. The Referring Officer also given some other aspects than pleadings in
Objections but this Court found that those are relevant and necessary for resolution of correct market value as well as awarding compensation between the Claimant and Government.
15.The Referring Officer, to substantiate its version, examined the Special
Deputy Collector (LA), APIIC, Visakhapatnam examined as R.W.1 who in his chief examination by way of affidavit stated that the main objects of Corporation among others as to acquire lands and to develop lands with infrastructure facility into industrial area to allot plots in the industrial area to Enterpreneurs for industrial purpose and the Corporation works for development of public purpose of industrialization of Andhra Pradesh and that the Corporation, after considering various location of lands situated in and around Visakhapatnam and sending proposal for acquisition of lands to an extent of Ac.2621 cents in Thanam of
Parawada Mandal for purpose of establishment of Petrochemical Complex and the lands in Thanam divided into 4 Blocks for convenience sake and the lands covered
LAOP .No.20/2007 ASCJC/AKP Page No. 11 ASCJC/AKP Dt. 25-06-2020.
under the present LAOP falling under Block No.4 relating to an extent of Ac.26 21 cents and the Land Acquisition Officer issued Sec.4(1) Notification on 10 011994 and passed an Award No.12/95 dt.16091995 under due procedure laid down in Land Acquisition Act.
16.R.W.1 in his chief examination stated that the then the Land
Acquisition Officer, after taking into consideration of potentiality, market value and location of lands and after collecting Sales Statistics with “Crucial Period”, passed the above Award giving full details as to assessment of market value i.e., how he arrived the true and correct market value in between willing purchaser and willing buyer and that the Land Acquisition Officer i.e., Spl. Deputy Collector
(LA) at the time of fixing compensation relied on sale transaction dt.1406
1991 which is in respect of Dry Land relating to land an extent of Ac.025 cents in S.No.72/3 which value is Rs.79,600/ per acre and accordingly fixed compensation at Rs.87,000/ per acre for Dry Lands and Rs.94,250/ per acre for Wet lands.
17. This court would like to discuss those evidence in cross
examination of P.W.1 and R.W.1 in order to ascertain the potentiality of
acquired lands, its proximity to nearest developed areas, raising crops in the
lands in acquisition for the purpose of income deriving on acquired lands
which is relevant and essential to answer the points framed for consideration
to come to conclusion whether the request of Claimant has to be considered to
enhance the compensation awarded by the then Land Acquisition Officer or
not.
18. P.W.1 deposed that the Land Acquisition Officer acquired the land in an extent of Ac.063 Cents in the present Award No.12/95 dt. 16091995 and the
LAOP .No.20/2007 ASCJC/AKP Page No. 12 ASCJC/AKP Dt. 25-06-2020.
acquired land situated in Thanam Village and that Lemarthi Agraharam, Ponnuru
Agraharam and Jagannadhapuram are the neighbouring villages of Thanam
village and that Ex.P.5 to Ex.P.11 are the documents relating to the year 1993,
1995, 1989, 1990, 1990 and 1991. The Reffering Officer as RW.1 in his cross
examination deposed that the Thanam Village is situated adjacent to
Parawada, Lemarthi Agraharam, Ponnuru Agraharam, Tadi, Bharanikam and
Edulapaka Bonangi. R.W.1 deposed that Ponnuru Agraharam, Parawada,
E.Bonangi and Thanam villages are situated side by side. R.W.1 voluntarily stated that Steel Plant acquired the lands upto Pinamadaka which is at a distance of 3 K.M from Thanam Village.
19.R.W.1 deposed that after Notification under Sec.4(1) of Land
Acquisition Act only they informed about acquisition of lands to the
cultivators and that they have to determine compensation under Sec.23 of
Land Acquisition Act and the Crucial Period is three (3) years prior to Sec.4(1)
of Notification and they have to ascertain the total Sale transactions taken
place in a particulars village from concerned Sub Registrar Department i.e.,
Sub Registrar Office. R.W.1 deposed that as per Award i.e., Ex.R.1 they have
collected total 50 sale transactions during crucial period.
20. R.W.1 deposed that the lands covered under Ex.P.5 and Ex.P.6 are relating to Thanam Village and admitted the fact stating that the Principal and
Additional Senior Civil Judge’s Courts, Anakapalle being the Reference Courts
arrived and fixed the enhanced compensation, in Award No. 10/95 to 13/95,
basing on Sale Deed dt.06121995 marked as Ex.P6. R.W.1 also admitted the
fact stating that as per Ex.P.5 the Reference Court also considered the sale
transactions relating to the neighbouring village i.e., Edulapaka Bonangi
LAOP .No.20/2007 ASCJC/AKP Page No. 13 ASCJC/AKP Dt. 25-06-2020.
Village. R.W.1 admitted stating that Ex.P.2 is the Consent Award, passed by
the then Land Acquisition Officer, in Award No.4/96 dt.24021996 which
document was considered by Reference Court in Ex.P.1. R.W.1 also admitted stating that Principal Senior Civil Judge’s Court, Anakapalle referred the
G.O.Ms.No.1050 Revenue (LA) Department in para 19 in Ex.P.1 and Ex.P.12 while enhancing the compensation amount and as per the above said G.O. the
Government has formed the Negotiation Committee which Committee passed
Consent Award.
21. Now let us discuss about the above said documents i.e., Ex.P.5 and
Ex.P.6 what they contain and what is the market value of lands covered under them as on which date.
22. The Claimants filed Xerox Copy of Registration Extract of
Registered Sale Deed dt.03111993 marked as Ex.P.5 which would disclosed
that it is a Registered Sale Deed executed in favour of Gorle China Babu and
Vennela Appadu by one Cheepurupalli Mahalakshmi in respect of land in
S.No.47/16 an extent Ac.006 cents = 230.4 Square Yards situated in Thanam
Village for Sale Consideration of Rs.6,000/ and which works out to
Rs.1,00,000/ per acre. The Claimant also filed Xerox Copy of Registration
Extract of Registered Sale Deed dt.06121995 marked as Ex.P.6 which would disclosed that it is a Registered Sale Deed executed in favour of Rayudu Apparao
by one Adduru Chinnodu and others in respect of land in S.No.65/3 an extent
Ac.078 cents = 387.2 Square Yards situated in Thanam Village for Sale
Consideration of Rs.11,700/ and which works out to Rs.1,45,200/ per acre.
23.The Claimants filed Xerox Copy of Registration Extract of
Registered Sale Deed dt.24101989 marked as Ex.P.7 which would disclosed
that it is a Registered Sale Deed executed in favour of Kapunukollu Leela
LAOP .No.20/2007 ASCJC/AKP Page No. 14 ASCJC/AKP Dt. 25-06-2020.
Srinivasarao by one Boddapu Kasulu and others in respect of land in
S.No.152/1037, 153/109, 154/1021, 155, 156/1028 and 157/2017 an extent
266.66 Square Yards situated in “Ganesh Nagar Layout” in Edulapaka Bonangi
Village for Sale Consideration of Rs.27,000/ and which works out to
Rs.4,90,000/ per acre.
24.The Claimants filed Xerox Copy of Registration Extract of
Registered Sale Deed dt.30011990 marked as Ex.P.8 which would disclosed
that it is a Registered Sale Deed executed in favour of Dr.Sajjavara Pratap by
one Suryadevera Ramakrishna and others in respect of land in S.No.121/10 an
extent Ac.050 cents out of Ac.178 cents situated in Edulapaka Bonangi
Village for Sale Consideration of Rs.75,000/ and which works out to
Rs.1,50,000/ per acre.
25.The Claimants filed Xerox Copy of Certified Copy of Registration
Extract of Registered Sale Deed dt.31031990 marked as Ex.P.9 which would
disclosed that it is a Registered Sale Deed executed in favour of Neelapu
Ramanababu by one Vechalapu Simhachalamma in respect of land in
S.No.267/3 an extent Ac.024 cents situated in Edulapaka Bonangi Village for
Sale Consideration of Rs.41,050/ and which works out to Rs.1,71,000/ per
acre.
26.The Claimants filed Xerox Copy of Certified Copy of Registration
Extract of Registered Sale Deed dt.04051991 marked as Ex.P.10 which would
disclosed that it is a Registered Sale Deed executed in favour of Gudala
Lakshmi Jhansi Bai by one Gorle Naidu in respect of land in S.No.198/4 an
extent Ac.016 cents situated in Edulapaka Bonangi Village for Sale
Consideration of Rs.31,200/ and which works out to Rs.1,95,000/ per acre.
LAOP .No.20/2007 ASCJC/AKP Page No. 15 ASCJC/AKP Dt. 25-06-2020.
27.Now let us have a glance into the contents of Award No.5/2006 dt.16
091995 marked as Ex.R.1 in order to ascertain on basis of which document
(Sale Deed or any previous Award) the Award in the present Land Acquisition
Original Petition (LAOP) was passed and in order to ascertain whether any
enhancement of compensation is required to be allowed or not. The discussion
of Award i.e., Ex.R.1 is just and essential for the above purpose.
28.As seen from in Page No.4 of Award marked as Ex.R.1 it discloses that
the then Land Acquisition Officer obtained 50 registered sale statistics from
Sub Registrar’s Office of Sabbavaram out of which 7 Sales are within the lands
under acquisition, 2 Sales are nearest to acquisition lands and the remaining
sale transactions are far away from acquired lands. As seen from the same Page
No.4 it is disclosed that the Sale Transactions No.1, 2, 4 to 12, 15, 17 to 22, 24
to 26, 28 to 34, 38 to 41, 43 to 50 are relating to the lands far away from the
lands under acquisition which are not reflecting true market value as such
they were not taken into consideration by the then LAO. As seen from the same
Page No.4 it also reveals that even though the lands under Sale Transactions
No.3, 16, 27, 35 to 37 and 42 are within the acquired lands, the extents of
lands are very meagre which do not reflect true market value of the lands
under acquisition as such the then Land Acquisition Officer not taken into consideration of those Sale transactions.
29.As seen from the same Page No.4 it is disclosed that the Sale
Transaction in respect of item No. 23 relating to the dry land an extent of Ac.0
25 cents in S.No.72/3 situated in Thanam Village (Thanam Village lands under
acquisition) is a Registered Statistics obtained from Sub Registrar’s Office,
Sabbavaram taken place on 14061991 for sale consideration of Rs.19,900/
LAOP .No.20/2007 ASCJC/AKP Page No. 16 ASCJC/AKP Dt. 25-06-2020.
which works out to Rs.79,600/ per acre and which land is a little bit away from the lands under acquisition and that Sale transactions in item No.13 and 14
relating to the lands an extent of Ac.007 cents and Ac.005½ cents) which
alleged to be small extents and which cannot reflect true market value as such those Sale transactions were discarded by the then Land Acquisition Officer.
30.As seen from Page No.5 of same Ex.R.1 it reveals that recently the
Collector of Visakhapatnam fixed, the market value of the acquired lands an
extent of Ac.4583 cents in Ponnuru Agraharam Village, as Rs.87,000/ per
acre for dry land and Rs.94,250/ per acre for wet land by passing Award
No.8/95 dt.23061995 and that since the Ponnuru Agraharam Village is
situated towards Northern side of Thanam Village and the lands in Thanam are
more fertile than those lands in Ponnuru Agraharam Village and that the Sale
transaction of Thanam Village reflects nearest to the market value to that of
Ponnuru Agraharam Village and in view of on coming projects (several) in and
around Thanam Village and to meet the ends of justice as such the then Land
Acquisition Officer has fixed the market value of acquired lands in Thanam
Village as Rs.87,000/ per acre for dry land and Rs.94,250/ per acre for wet
land apart from 30% Solatium and 12% Additional Market Value along with
other benefits as per Land Acquisition Act.
31. This Court would also like to draw a table in respect of particulars of land value ascertained by the Land Acquisition Officer and on which basis he arrived the market value of the acquired lands:
Total extent of Name ofMarket valueMarket value of Sl.Ex.Date ofacquired land andVillage ofof Dry land Wet land fixed by No.No.AwardAwardfixed by LAO LAO per acre
Survey Number of acquired lands
No. acquired Lands & Block No. per acre
LAOP .No.20/2007 ASCJC/AKP Page No. 17 ASCJC/AKP Dt. 25-06-2020.
Ac.4583 cents and
S.No.31, 33, 38 to 42, Tanam & IV
1.R.1
230695 8/95 44 and 45 Block Rs.87,000/ Rs.94,250/
32. This Court drawn the following table for particulars of the documents
i.e., Sale transaction relied on by Claimant for determination of compensation
by this Reference Court as on the date of acquisition for the sake of
convenience and easy reference:
SL.Ex.Date ofVendor/Vendee/Village ofS.NoArea inMarketRate as per Acre No.No.SaleSellerPurchaserlandSq.Yd/Value of DeedCentsland/ Ac.centvacant site Ch.MahaGorle ChinaTanam
031193 6,000
1.P.5lakshmi &Babu &47/ 006 1,00,000/ Ors.Anr. 16 cents (1,000/ per cent)
2.P.661295AdduruRayuduTanam 65/ 078 11,700 1,45,200/ ChinnoduApparao3 cents (1,452/ per & Ors cent)
3.P.7241089B.KasuluP.LeelaEdulapaka 152 266.66 27,000 4,84,800/ & OrsSrinivasaBonangi Sq.Ya to (4,848/ per Raords 158 cent)
4.P.8300190S.RamaS.V.PratapDo121/ 050 75,000 1,50,000/ krishna &10 cents (1,500/per Ors. cent)
5.P.9310390 SimhaNeelapuDo267/ 024 41050 1,71,000/ chalammaRamakrish3 cents (1,710/ per na cent)
6.P.10040591GorleGudalaDo198/ 016 31,200 1,95,000/ NaiduLakshmi4 cents (1,950/) Jhansi Bai
33. As seen from the above discussion of contents of Award i.e., Ex.R.1
it is disclosed that the then Land Acquisition Officer not relied on any Sale
transaction available either within the vicinity of acquired Village or
neighbouring Villages but taken into consideration of Market Value fixed as
LAOP .No.20/2007 ASCJC/AKP Page No. 18 ASCJC/AKP Dt. 25-06-2020.
Rs.87,000/ per acre for dry land and Rs.94,250/ per acre for wet land by the
Collector of Visakhapatnam vide Award No.8/95 dt.23061995 in respect of
lands acquired in Ponnuru Agraharam Village and as seen from material
available on record there is no such copy of above Award No.8/95 dt.2306
1995 and the sale statistics, perused and discarded by LAO, filed before court
for perusal and to ascertain whether the observation made by the Land
Acquisition Officer in Ex.R.1 in fixing compensation is correct or not and
whether it has to be enhanced or not.
34. It is well settled that mere referring a sale transaction in the award
cannot be treated as evidence in the absence of filing the said sale deed and
that If the transactions are prior to the notification, the highest value
depicted in the sale deed shall be taken into consideration for awarding
compensation.
35.At this juncture this Court would like to rely on 1992 (2) ALT 423 (DB) = 1992 LawSuit (AP) 47 held in between Land Acquisition Officer, SubCollector
Vs. Hindustan Commercial and Transport Company (P) Limited wherein the
Hon’ble High Court of A.P. (D.B) observed in para 4 that:
“It is well settled that where salestatistics have been considered by the
Land Acquisition Officer and where those documents have not been
marked after reference in the civil court, those documents cannot be
taken into consideration and they have no evidentiary value. This view
has been affirmed in Land Acquisition Officer, Vijayawada Thermal
Station v. Nutalapati Venkata Rao, 1990 (3) ALT 305 = 1991 (1) APLJ 99
(F.B.). It is only the documents that were marked in the civil court, can
be taken into consideration and none else.”
The Hon’ble High Court of A.P observed in para 5 that:
“If the transactions are prior to the notification, the highest value depicted in the sale deed shall be taken into consideration for awarding compensation.”
LAOP .No.20/2007 ASCJC/AKP Page No. 19 ASCJC/AKP Dt. 25-06-2020.
36.As seen from the citation it could be said that whenever there are no such documentary evidence, placed before court and not marked after
Reference in the Civil Court, on which the Land Acquisition Officer relied to
determine the compensation for the acquired land to the land owners, those documents cannot be taken into consideration as they have no evidentiary value and that the documents, which were produced before Court and marked,
only to be taken into consideration and it is also clear that highest value in
the referred sale deeds shall be taken into consideration in determining
compensation. In the instant LAOP also no such document, relied on by the
Land Acquisition Officer i.e., Award No.8/95 dt.23061995 apart from 50 sale
statistics, filed before this Reference Court as well as not marked and even
there is no such particulars of 50 documents noted in Ex.R.1 and so this Court
has no hesitation to say that the above Award No.8/95 relied by the then Land
Acquisition Officer in determining compensation cannot be taken into
consideration to say that the Land Acquisition Officer has correctly arrived
the market value.
37. When it is so it is for the Reference Court to discuss whether the
Claimants are entitled to any enhancement of compensation as claimed in this OP or not and whether the Claimants have placed any acceptable documentary evidence to resolve the controversy between the parties to OP in answering whether the Claimants are entitled to any enhancement of compensation amount arrived by the Land Acquisition Officer or not and what is the highest value of land covered under documents relied to determine correct compensation .
38. This Court would like to discuss on the above aspect of documentary evidence placed by the Claimants in support of their claim at later point of time.
LAOP .No.20/2007 ASCJC/AKP Page No. 20 ASCJC/AKP Dt. 25-06-2020.
39. This Court would say that in the absence of any other method of fixation of market value the comparable sales from the neighbouring village can be considered as per many judicial precedents.
40. It is well settled that in the absence of acceptable documentary evidence from the Land Acquisition Officer before the Court the assessment of
market value of the acquired land can be ascertained by taking into
consideration of topography, potentiality and advantages attached to and
available to the lands situated adjacent or side by side to the acquired lands.
41. At this juncture this Court would like to rely on 2004 LawSuit (SC) 764 = 2004 (10) SCC 627 = 2004 AIR(SC) 4135 held in between OM PRAKASH
V/S UNION OF INDIA wherein the Hon’ble Apex Court observed in para 3 that:
“Villages Bhorgarh, Kureni and Mamurpur are located side by side and the lands situated in these villages were used for agricultural purposes or purposes subservient thereto.”
The Hon’ble Apex Court observed in para 7 that:
“The only question argued before us was the assessment of the market value of the acquired lands as on the date of the Notification under Section 4 of the
Act. No other issue was canvassed. The High Court has correctly found
that the topography, potentiality and advantages attached to and
available to the lands in the five adjoining villages, namely, Bhorgarh,
Kureni, Mamurpur, Narela and Tikri Khurd were almost the same on the
date when the Notification under Section 4 was issued.”
42. As seen from the above citation it is clear that the assessment of
market value of the acquired land can be ascertained by taking into
consideration of topography, potentiality and advantages attached to and
available to the lands situated adjacent or side by side to the acquired lands.
In the instant LAOP the Land Acquisition Officer based on the Award No.8/95
relating to acquisition of lands situated in Ponnuru Agraharam village while
LAOP .No.20/2007 ASCJC/AKP Page No. 21 ASCJC/AKP Dt. 25-06-2020.
determining compensation of acquired lands in Thanam Village as such it can
be looked into the above lands situated adjacent to acquired lands.
43. Now let us discuss the documentary evidence placed by the Claimants to ascertain whether the Claimants are entitled for enhancement of compensation determined by the Land Acquisition Officer or not as because this court in the above paras observed that the Referring Officer has not placed the document i.e., sale transaction or Award No.8/95 dy.23061995 relied on by him for compensation.
44. At this juncture this Court would like to rely on 2014 LawSuit(SC) 826 = 2015 AIR(SC) 453 = 2015 (2) SCC 160 held in between NIRMAL SINGH ETC Vs.
STATE OF HARYANA AND ORS wherein the Hon’ble Apex Court observed in para 11 that:
“With respect to the general principles that are to be followed for determining just and reasonable compensation to land owners for acquisition of their land, we refer to the case of Smt. Tribeni Devi and Ors. v. Collector of Ranchi, 1972 1 SCC 480; in support of the same, wherein this Court held that: "4. This Court had in Special Land Acquisition Officer, Bangalore v. T.
Adinarayan Setty, 1959 Supp1 SCR 404, indicated at page 412 the methods
of valuation to be adopted in ascertaining the market value of the land
on the date of the notification under Section 4(1) which are : (i) opinion
of experts, (ii) the price paid within a reasonable time in bona fide
transactions of purchase of the lands acquired or the lands adjacent to
the lands acquired and possessing similar advantages; and (iii) a number
of years purchase of the actual or immediately prospective profits of the
lands acquired. These methods, however, do not preclude the Court from
taking any other special circumstances into consideration, the
requirement being always to arrive as near as possible an estimate of the
market value. In arriving to a reasonably correct market value, it may be
necessary to take even two or all of those methods into account
LAOP .No.20/2007 ASCJC/AKP Page No. 22 ASCJC/AKP Dt. 25-06-2020.
inasmuch as the exact valuation is not always possible as no two lands
may be the same either in respect of the situation or the extent or the
potentially nor is it possible in all cases to have reliable material from
which that valuation can be accurately determined."
The Hon’ble Apex Court observed in Para 12 that :
“A perusal of the record shows that there is significant variation in the
consideration paid in the array of sale instances submitted by the
parties. Moreover the consideration paid for the sale instances produced
by the appellants are in relation to small pieces of land which are near
the acquired land. To consider these small pieces of land as the basis for
determining just compensation to be paid to the appellants for the
acquired land as urged by the learned counsel for the appellants, we refer
to the legal principles laid down by this Court after examining the
relevant provisions of the Act in catena of cases. In Special Land
Acquisition Officer and Anr. v. M.K. Rafiq Saheb, 2011 7 SCC 714 this Court held as under: "24. It may also be noticed that in the normal course of events, it is hardly possible for a claimant to produce sale instances of large tracks of land. The
sale of land containing large tracks are generally very far and few.
Normally, the sale instances would relate to small pieces of land. This
limitation of sale transaction cannot operate to the disadvantage of the
Claimant. Thus, the Court should look into sale instances of smaller
pieces of land while applying reasonable element of deduction."
To determine the rate of compensation to be paid for the acquired land
when the same is made on the basis of sale deeds with respect to smaller
pieces of land, we have to make deductions in order to keep provision for
the developmental expenses that the acquirer has to incur. The principle of deductions in the determination of the compensation based on the sale instances of smaller pieces of land was established in Smt. Basavva and Ors.
v. Special Land Acquisition, 1996 9 SCC 640 wherein this Court held thus: "3. .On the principle of deductions in the determination of the compensation, this Court in K. Vasundara Devi v. Revenue Divisional Officer, LAO, 1995
LAOP .No.20/2007 ASCJC/AKP Page No. 23 ASCJC/AKP Dt. 25-06-2020.
AIR(SC) 2481 has considered the entire case law and has held that the Court, in the first instance, has to consider whether sales relating to smaller pieces of lands are genuine and reliable and whether they are in respect of comparable lands. In the event the Court finds that such sales are genuine and reliable and the lands have comparable features, sufficient deduction should be made to arrive at the just and fair market value of large tracks of land. The time lag for real development and the waiting period for development are also relevant consideration for determination of just and adequate compensation. Each case depends upon its own facts. For deduction of development charges, the nature of the development, conditions and nature of the land, the land required to be set apart under the building rules for roads, sewerage, electricity, parks, water etc, and all other relevant circumstances involved are to be considered."
A similar opinion was held in Bhagwathula Samanna and others v. Special
Tahsildar and Land Acquisition Officer, Visakhapatnam Municipality, 1991 4
SCC 506 wherein this Court held as under: "7. . In fixing the market value of a large property on the basis of a sale transaction for smaller property, generally a deduction is given taking into consideration the expenses required for development of the larger tract to make smaller plots within that area in order to compare with the small plots dealt with under the sale transaction.
The Hon’ble Apex Court observed in para 13 that:
“The proposition that large area of land cannot possibly fetch a price at
the same rate at which small plots are sold is not absolute proposition
and in given circumstances it would be permissible to take into account
the price fetched by the small plots of land .."
The Hon’ble Apex Court observed in para 13 that:
”Further, this Court has discussed the basis on which deductions on the market value should be made for the development of land, keeping in mind various factors that influence it. In the case of Viluben Jhalejar Contractor v.
State of Gujarat, 2005 4 SCC 789 wherein this Court held thus: "20. The amount of compensation cannot be ascertained with
mathematical accuracy. A comparable instance has to be identified
LAOP .No.20/2007 ASCJC/AKP Page No. 24 ASCJC/AKP Dt. 25-06-2020.
having regard to the proximity from time angle as well as proximity from
situation angle. For determining the market value of the land under acquisition, suitable adjustment has to be made having regard to various positive and negative factors vis vis the land under acquisition by placing the two in juxtaposition. The positive and negative factors are as under:
Positive factors Negative factors
1.smallness of size largeness of area
2.proximity to a roadsituation in the interior at a distance from the road
3.frontage on a roadnarrow strip of land with very small frontage compared to depth
4.nearness to developed lower level requiring the depressed portion area to be filled up
5.regular shaperemoteness from developed locality
6.level visavis land some special disadvantageous factors under which would deter a purchaser acquisition
7.special value for an owner of an adjoining property to whom it may have some very special advantage
21. Whereas a smaller plot may be within the reach of many, a large
block of land will have to be developed preparing a layout plan, carving
out roads, leaving open spaces, plotting out smaller plots, waiting for
purchasers and the hazards of an entrepreneur. Such development
charges may range between 20% and 50% of the total price."
Thus, when it comes to deductions for development of land, it can sway back and forth and can only be determined after carefully considering factors such as size of land, nearness to developed area, etc. as discussed in the above case.”
The Hon’ble Apex Court observed in para 14 that:
”Keeping in mind the guidelines laid down by this Court in the catena of
cases referred to supra, we are of the opinion to determine just and
reasonable compensation for the acquired land on the basis of the sale
instances as submitted by the appellants by taking the average of the
LAOP .No.20/2007 ASCJC/AKP Page No. 25 ASCJC/AKP Dt. 25-06-2020.
sale considerations mentioned therein that are relevant to the date of
issue of Notification under Section 4 of the Act. However, the same is to
be determined keeping in mind that developmental costs are higher for
larger areas of land as compared to small portions of land. The rate of
compensation must be subject to deductions towards developmental
purpose that will have to be incurred by the respondent State.
The Hon’ble Apex Court observed in para 15 that:
“Sale instances in relation to small pieces of land situated near the
acquired land can be considered, subject to (i) reasonable deductions for
developmental costs that will be incurred in the future as per the cases
referred to and (ii) the evidence that these lands can be compared to the
acquired land in terms of its vicinity and the comparable benefits and
advantages.”
45. As seen from the above citation it is clearly revealed that the Court
should look into sale instances of smaller pieces of land while applying
reasonable element of deduction keeping in mind the guidelines laid down by
Hon’ble Apex Court in the catena of cases referred to supra, determination of
just and reasonable compensation for the acquired land has to be made on the
basis of the sale instances as submitted by the Claimants by taking the
average of the sale considerations mentioned therein which are relevant to the
date of issue of Notification under Section 4 of the Act and the same has to be
determined keeping in mind that developmental costs are higher for larger
areas of land as compared to small portions of land and as such the rate of
compensation must be subject to deductions towards developmental purpose
that will have to be incurred by the respondent State.
46.As already this Court discussed in the above paras about filing of
documents by the Claimants which are important and relevant to answer the
LAOP .No.20/2007 ASCJC/AKP Page No. 26 ASCJC/AKP Dt. 25-06-2020.
issue involved in this LAOP and which are the Xerox Copy of Registration
Extract of Registered Sale Deed dt.03111993 marked as Ex.P.5 which would
disclosed that it is a Registered Sale Deed executed in favour of Gorle China
Babu and Vennela Appadu by one Cheepurupalli Mahalakshmi in respect of
land in S.No.47/16 an extent Ac.006 cents = 230.4 Square Yards situated in
Thanam Village for Sale Consideration of Rs.6,000/ and which works out to
Rs.1,00,000/ per acre. The Claimants also filed Xerox Copy of Registration
Extract of Registered Sale Deed dt.06121995 marked as Ex.P.6 which would disclosed that it is a Registered Sale Deed executed in favour of Rayudu Apparao
by one Adduru Chinnodu and others in respect of land in S.No.65/3 an extent
Ac.078 cents = 387.2 Square Yards situated in Thanam Village for Sale
Consideration of Rs.11,700/ and which works out to Rs.1,45,200/ per acre.
The Claimants filed Xerox Copy of Layout Map of Ganesh Nagar of Edulapaka
Bonangi marked as Ex.P.7 not visible as such this Court has no possibility to discuss on this document.
47.The Claimants filed Xerox Copy of Registration Extract of
Registered Sale Deed dt.24101989 marked as Ex.P.7 which would disclosed
that it is a Registered Sale Deed executed in favour of Kapunukollu Leela
Srinivasarao by one Boddapu Kasulu and others in respect of land in
S.No.152/1037, 153/109, 154/1021, 155, 156/1028 and 157/2017 an extent
266.66 Square Yards situated in “Ganesh Nagar Layout” in Edulapaka Bonangi
Village for Sale Consideration of Rs.27,000/ and which works out to
Rs.4,90,000/ per acre.
48.The Claimants filed Xerox Copy of Registration Extract of
Registered Sale Deed dt.30011990 marked as Ex.P.8 which would disclosed
that it is a Registered Sale Deed executed in favour of Dr.Sajjavara Pratap by
LAOP .No.20/2007 ASCJC/AKP Page No. 27 ASCJC/AKP Dt. 25-06-2020.
one Suryadevera Ramakrishna and others in respect of land in S.No.121/10 an
extent Ac.050 cents out of Ac.178 cents situated in Edulapaka Bonangi
Village for Sale Consideration of Rs.75,000/ and which works out to
Rs.1,50,000/ per acre.
49.The Claimants filed Xerox Copy of Certified Copy of Registration
Extract of Registered Sale Deed dt.31031990 marked as Ex.P.9 which would
disclosed that it is a Registered Sale Deed executed in favour of Neelapu
Ramanababu by one Vechalapu Simhachalamma in respect of land in
S.No.267/3 an extent Ac.024 cents situated in Edulapaka Bonangi Village for
Sale Consideration of Rs.41,050/ and which works out to Rs.1,71,000/ per
acre.
50.The Claimants filed Xerox Copy of Certified Copy of Registration
Extract of Registered Sale Deed dt.04051991 marked as Ex.P.9 which would
disclosed that it is a Registered Sale Deed executed in favour of Gudala
Lakshmi Jhansi Bai by one Gorle Naidu in respect of land in S.No.198/4 an
extent Ac.016 cents situated in Edulapaka Bonangi Village for Sale
Consideration of Rs.31,200/ and which works out to Rs.1,95,000/ per acre.
51.Now let us discuss the evidence of parties to this LAOP in respect of location of neighbouring villages whether they are situated to the proximity to the acquired lands and as to their location in order to ascertain whether the above documents can be taken into consideration for enhancing the market value fixed by the then Land Acquisition Officer or not.
52.As already discussed in the above paras by this Court it is the cross
examination of the 2 nd Claimant as P.W.1 that one Lemarthy Agraharam,
LAOP .No.20/2007 ASCJC/AKP Page No. 28 ASCJC/AKP Dt. 25-06-2020.
Ponnuru Agraharam and Jagannadhapuram Villages are the neighbouring
Villages of Thanam Village (Village under present acquisition) which was not
denied by the learned Assistant Government Pleader. The learned Assistant
Government Pleader posed a suggestion to P.W.1 stating that the land value was fixed as per Sale Deeds relating to neighbouring lands of Thanam is the correct one for which he denied the same. In this aspect the present Referring Officer who examined as R.W.1 in his cross examination deposed that the Thanam Village is
situated adjacent to Parawada, Lemarthi Agraharam, Ponnuru Agraharam,
Thadi, Bharanikam and Edulapaka Bonangi and the Thanam Village is situated
at a distance of 4 K.M from Lankelapalem junction and that Thanam village is
situated near to National Highway in a distance of 3 K.M which is adjacent to
Lankelapalem junction and further R.W.1 deposed that the Villages of Ponnuru
Agraharam, Parawada, E.Bonangi and Thanam are situated side by side.
53.Now let us discuss what is the market value of the lands available to the
Claimants of which village i.e., whether the Sale transactions are available within the acquired Thanam Village and whether there are any other sale transactions nearby or neighbouring lands of Thanam Village or not.
54. This Court already discussed about some sale statistics i.e., Xerox Copy of Certified Copy of Registration Extracts i.e., Ex.P.5 to Ex.P.10 which brief contents were narrated in the above paras and this Court also drawn table relating to the above documents showing the date of transactions, vendor and vendee, rate of land in cents as well as square yards agreed to be purchased under documents.
55.The Referring Officer as R.W.1 in his cross examination deposed that the crucial period is three years prior to 4(1) Notification and they have to ascertain the total transactions taken place in a particular village from concerned
Sub Registrar Department and as per Award the then Land Acquisition Officer
LAOP .No.20/2007 ASCJC/AKP Page No. 29 ASCJC/AKP Dt. 25-06-2020.
has collected 50 sale transactions in a crucial period. As per Award i.e.,
Ex.R.1 the crucial period is from 01091990 to 16111993. As seen from table drawn by this Court in the above paras it is disclosed that the documents noted in
Sl.No.1 and 2 dt:03111993 and 06121995 relates to acquired Thanam Village,
Sl.No.3 dt.24101989, Sl.No.4 to 6 dt.30011990, 31031990 and 04051991.
As seen from Ex.R.1 in Page No.4 noted about one Sale transaction relating to
Thanam Village in respect of dry land an extent of Ac.025 cents in S.No.72/3 which was transacted for Rs.19,900/ which works out to Rs.79,600/ per acre which is a little bit away to the lands under acquisition as such it was discarded by the then
Land Acquisition Officer.
56. The then LAO has referred two Sale transactions for the year
1991 in respect of lands an extent of Ac.007 and Ac.005½ cents which were
discarded as they are small extents but he has not referred Ex.P.10 dt.0405
1991 sale transaction in respect of land an extent of Ac.016 cents of
Edulapaka Bonange for sale consideration of Rs.31,200/ which works out to
Rs.1,95,000/ per acre and as seen from Ex.R.1 the said Ex.P.10 not discussed by the LAO to say whether it is a bonafide transaction or not and whether the same can be taken into consideration in fixing market value of acquired land or not. This
Court would like to discuss about this document a bit latter as and when
necessary. The then Land Acquisition Officer also not taken into
consideration of Ex.P.5 which is a Sale transaction dt.03111993 in respect of
land situated in Thanam Village and there was no whisper about the said
Ex.P.5 and in which circumstances it is just and essential to take into
consideration of Ex.P.5 in ascertaining whether any enhancement of
compensation is necessary or not.
LAOP .No.20/2007 ASCJC/AKP Page No. 30 ASCJC/AKP Dt. 25-06-2020.
57.This Court perused the Certified Copies of Decree and Order in
LAOP.No.33/1998 and Batch cases as well as LAOP.No.19/2007 marked as
Ex.P.1 and Ex.P.11 and found that the then learned Senior Civil Judge of
Senior Civil Judge’s Court, Anakapalle discussed Ex.P.5 dt.06121995 even
though it relates to Post Notification Date and taken into consideration in
fixing/enhancing the compensation to Rs.1,00,000/ per acre for dry land and
Rs.1,05,000/ per acre for wet land. This Court would say that when the
Claimants have filed Sale transactions for crucial period relating to Thanam
village as well as neighbouring Village i.e., Edulapaka Bonangi relating to
crucial period as well as a few months prior to 4(1) Notification i.e., crucial
period which documents were not collected and discussed by the then LAO to
say (even though it is a sale transaction prior to 4(1) Notification and its value
is within a reasonable price as such it could be safe to rely on this document)
whether those documents can be taken into consideration or not in fixing
Compensation at the initial stage of passing Award, this Court did not incline
to take into consideration of Ex.P.6 but inclined to look into Ex.P.7 and Ex.P.8 for fixing/enhancing compensation. When we look into Ex.P.7 which is a Sale
transaction relating to the year 1989 much prior to 4(1) Notification, it
discloses that the sale of property, situated in Layout, took place in Square
Yards which works out to Rs.4,84,800/ per acre relating to Edulapaka
Bonangi Village and when this Sale transaction is compared with other sale
transactions shown in the table drawn by this Court in the above paras the
value of land covered under Ex.P.7 shall not be taken into consideration which
is abnormal value and which in the opinion of this Court is not a sale
transaction to be considered for fixing compensation and it can be safely be
set aside.
LAOP .No.20/2007 ASCJC/AKP Page No. 31 ASCJC/AKP Dt. 25-06-2020.
58. Since it is the evidence of Referring Officer that the Villages of
Ponnuru Agraharam, Parawada, E.Bonangi and Thanam are situated side by
side as such it is just, essential and proper to consider the sale transactions in
Thanam and neighbouring Edulapaka Bonangi Village in arriving the correct
market value of the acquired land in this LAOP.
59. At this juncture, this Court would like to discuss on citation 2014
LawSuit(SC) 826 = 2015 AIR(SC) 453 = 2015 (2) SCC 160 held in between
NIRMAL SINGH ETC Vs. STATE OF HARYANA AND ORS which was already
discussed by this Court in the above paras and wherein the Hon’ble Apex Court held that the Court should look into sale instances of smaller pieces of land
while applying reasonable element of deduction and for determination of just
and reasonable compensation for the acquired land has to be made on the
basis of the sale instances as submitted by the Claimant by taking the average
of the sale considerations mentioned therein which are relevant to the date of
issue of Notification under Section 4 of the Act.
60.It is just and essential to calculate the average amount of market
value from the Sale transactions filed and marked by the Claimant relating to
Thanam and Edulapaka Bonangi which are neighbouring villages situated side
by side as per evidence of Referring Officer. One of the Claimant i.e., P.W.1
filed four Sale Transactions under Ex.P.5, Ex.P.8 to Ex.P.10 (Xerox Copy of
Registration Extract of Registered Sale Deed dt.03111993, Xerox Copy of
Registration Extract of Registered Sale Deed dt.30011990, Xerox Copy of
Certified Copy of Registration Extract of Registered Sale Deed dt.31031990
and Xerox Copy of Certified Copy of Registration Extract of Registered Sale
LAOP .No.20/2007 ASCJC/AKP Page No. 32 ASCJC/AKP Dt. 25-06-2020.
Deed dt.04051991) in respect of Sale Consideration of Rs.1,00,000/,
Rs.1,50,000/, Rs.1,71,000/ and Rs.1,95,000/ per acre respectively.
61.The average amount would come from the above market value
amount is Rs.1,54,000/ (Rs.1,00,000/ + Rs.1,50,000/ + Rs.1,71,000/ +
Rs.1,95,000/ = Rs.6,16,000/ / 4 = Rs.1,54,000/ rounded to Rs.1,50,000/)
and this Court found that it is just and proper to fix Rs.1,50,000/.
62.This Court would like to discuss some aspects to arrive the above
compensation amount as because the then Land Acquisition Officer has not
collected Ex.P.5 (Registered Sale Deed dt.03111993) from Sub Registrar ’ s
Office, Sabbavaram and not discussed whether it is a genuine one or not by
examining seller and buyer and in the absence this exercise by the then Land
Acquisition Officer it could be said that the above said document has to be
taken into consideration by this Reference Court in calculating the correct
market value and compensation. When this document i.e., Ex.P.5 is taken
into consideration the minimum market value of the land in Thanam Village
even in the year 1993 i.e., within the crucial period is prevailing as on the
date of fixing market value by the then Land Acquisition Officer. The other
sale transactions considered by this Reference Court in the above paras are
Ex.P.8 to Ex.P.10 (Sale transactions dt.30011990, 31031990 and 0405
1991) relating to the land located in neighbouring village i.e., Edulapaka
Bonangi Village which is situated by the side of Thanam Village as per
evidence of Reffering Officer i.e., R.W.1 and in the above said sales the market
value of land is Rs.1,50,000/, Rs.1,71,000/ and Rs.1,95,000/. When the
market value of land in Edulapaka Bonangi Village is minimum Rs.1,50,000/
and when the lands in Thanam Village are more fertile having surrounded by
Visakha Steel Plant, Niraj Petro Chemicals, HPCC. NTPC at Parawada, Railway
LAOP .No.20/2007 ASCJC/AKP Page No. 33 ASCJC/AKP Dt. 25-06-2020.
Station, Junior College, Government and Private Hospitals, Public and Private
transportation So the market value of the acquired as per evidence of
Referring Officer as R.W.1, definitely the then Land Acquisition Officer ought
to have increased the market value than Rs.87,000/ per acre for dry lands at
the time of passing of present Award under Ex.B.1 and in which circumstances
it could be said that the market value of acquired lands should be in between
Rs.1,00,000/ and Rs.1,95,000/ and accordingly in view of Hon ’ ble Apex
Court ’ s citation sdiscussed in the above paras taken average market value of
above four documents i.e., sales under Ex.P.5, Ex.P.9 to Ex.P.11 and came to
conclusion by arriving the market value of acquired land as on the date of
acquisition as Rs.1,50,000/.
63.The Claimants filed Certified Copy of Award No.4/96 dt.24021996 i.e.,
Ex.P.2, Xerox Copy of Certified Copy of Award No.18/96 and Award No. 10/98 dt.27031996 and 29121998 respectively marked as Ex.P.3 and Ex.P.4. R.W.1 in respect of Ex.P.2 admitted the same as Consent Award. As seen from Ex.P.3 and
Ex.P.4 are also Consent Awards basing on Negotiation Committee formed by
the Government in order to not to face this type of prolonged present
litigation and to put an end to the acquisition proceedings by providing some
permanent and good solution for land loosers. As seen from above Consent
Awards the market value arrived with consent about more than Rs.2,00,000/.
In the opinion of this Court and when taking into this Consent Awards also the
market value of acquired lands has to be in between Rs.1,00,000/ to
Rs.2,00,000/.
64.Now let us discuss whether any deductions have to be made while determining the correct market value of the acquired lands or not.
LAOP .No.20/2007 ASCJC/AKP Page No. 34 ASCJC/AKP Dt. 25-06-2020.
65.It is relevant point of time again to go and extract evidence of Referring
Officer what is his evidence in development of surrounding area and whether any expenditure has to be incurred for development of acquired land i.e., post acquisition expenses for development. It is the evidence of chief examination of
R.W.1 that the main object of Corporation is to acquire land for development of lands with infrastructure facility into industrial area to allot plots to Entrepreneurs for industrial purpose. R.W.1 in his cross examination also admitted the fact
stating that as on the date of acquisition under Ex.R.1 there are Visakha Steel
Plant, Niraj Petrochemicals, HPCC, NTPC at Parawada, Railway Station, Junior
College, Government and Private Hospitals, Public and Private transplantation
are situated in and around the acquired land. There is no denial by the
learned Counsel for Referring Officer about the fact deposed by the Claimant
as P.W.1 that there is a Railway track between Thanam Village and
Lankelapalem Village as well as Yeleru Canal in between the border of
Lemarthi Village and Lankelapalem village and the said Yeleru Canal is
situated at a distance of 4 furlongs from Thanam Village due to which it can be
inferred about potentiality of acquired lands in Thanam Village. When it is so, the Land Acquisition Officer ought to have determined more amount than the one fixed by him as on the date of acquisition apart from the observation the then Land
Acquisition Officer in Ex.R.1 that the lands in Thanam Village are more fertile than the acquired Ponnuru Agraharam Village and there are several projects are coming in and around Thanam Village.
66.The main object of acquisition of lands for industrial purpose was
not denied by the learned counsel for the Claimants as because there may not
be any such question since his lands were acquired for that purpose only and if
there is no such purpose the question of acquisition does not arise.
LAOP .No.20/2007 ASCJC/AKP Page No. 35 ASCJC/AKP Dt. 25-06-2020.
67.This Court would say that whenever the acquired land was not fully developed and the acquisition itself for development of lands and there may be investment of expenditure and some acquired land has to be kept for roads, amenities, etc., and it requires just, fair and proper deduction towards development charges out of the average price worked out.
68. At this juncture this Court would like to rely 2017 LawSuit(SC) 693 = 2017 AIR(SC) 3330 = 2017 (8) SCC 558 held in between VITHAL RAO AND
ANOTHER ETC; ANNAPPA SINCE DEAD BY HIS LRS AND ORS VS. SPECIAL
LAND ACQUISITION OFFICER wherein the Hon’ble Apex Court observed in para 26 that :
“In Chimanlal Hargovinddas vs Special Land Acquisition Officer, Poona &
Anr, 1988 3 SCC 751, this Court dealt with the question as to how the Court should determine the valuation of the lands under acquisition and what broad principle of law relating to acquisition of land under the Act should be kept in consideration to determine the proper market value of the acquired land.”
The Hon’ble Apex Court observed in para 27 that :
“In Para 4 of the judgment, this Court laid down as many as 17 principles, which are reproduced below for perusal:
"(1) to (4) .
(5) The market value of land under acquisition has to be determined as on the crucial date of publication of the notification under Section 4 of the Land
Acquisition Act (dates of notifications under Sections 6 and 9 are irrelevant).
(6) xxxxxxxx (7) In doing so by the instances method, the court has to correlate the market value reflected in the most comparable instance which provides the index of market value.
(8) Only genuine instances have to be taken into account. (Sometimes instances are rigged up in anticipation of acquisition of land.) (9) Even postnotification instances can be taken into account (1) if they are very proximate, (2) genuine and (3) the acquisition itself has not motivated the
LAOP .No.20/2007 ASCJC/AKP Page No. 36 ASCJC/AKP Dt. 25-06-2020.
purchaser to pay a higher price on account of the resultant improvement in development prospects.
(10) The most comparable instances out of the genuine instances have to be identified on the following considerations:
(i) proximity from time angle,
(ii) proximity from situation angle.
(11) Having identified the instances which provide the index of market
value the price reflected therein may be taken as the norm and the
market value of the land under acquisition may be deduced by making
suitable adjustments for the plus and minus factors visàvis land under
acquisition by placing the two in juxtaposition.
(12) A balancesheet of plus and minus factors may be drawn for this purpose and the relevant factors may be evaluated in terms of price variation as a prudent purchaser would do.
(13) The market value of the land under acquisition has thereafter to be deduced by loading the price reflected in the instance taken as norm for plus factors and unloading it for minus factors.
(14) The exercise indicated in clauses (11) to (13) has to be undertaken in a common sense manner as a prudent man of the world of business would do. We may illustrate some such illustrative (not exhaustive) factors:
Plus factors Minus factors
1. smallness of size1. largeness of area
2. situation in the interior at a distance
2. proximity to a roadfrom the Road
3. narrow strip of land with very small
3. frontage on a roadfrontage compared to depth
4. lower level requiring the depressed
4. nearness to developed portion to be area filled up
5. regular shape5. remoteness from developed locality
6. level visavis land under 6. some special disadvantageous factor Acquisitionwhich would deter a purchaser
7. special value for an owner of an adjoining property to whom it may have some very special advantage (15) The evaluation of these factors of course depends on the facts of
each case. There cannot be any hard and fast or rigid rule. Common
sense is the best and most reliable guide. For instance, take the factor
LAOP .No.20/2007 ASCJC/AKP Page No. 37 ASCJC/AKP Dt. 25-06-2020.
regarding the size. A building plot of land say 500 to 1000 sq. yds. cannot be compared with a large tract or block of land of say 10,000 sq. yds. or more.
Firstly while a smaller plot is within the reach of many, a large block of land will have to be developed by preparing a lay out, carving out roads, leaving open space, plotting out smaller plots, waiting for purchasers (meanwhile the invested money will be blocked up) and the hazards of an entrepreneur. The
factor can be discounted by making a deduction by way of an allowance
at an appropriate rate ranging approximately between 20 per cent to 50
per cent to account for land required to be set apart for carving out lands
and plotting out small plots. The discounting will to some extent also
depend on whether it is a rural area or urban area, whether building
activity is picking up, and whether waiting period during which the
capital of the entrepreneur would be locked up, will be longer or shorter
and the attendant hazards.
(16) Every case must be dealt with on its own fact pattern bearing in mind all these factors as a prudent purchaser of land in which position the judge must place himself.
(17) These are general guidelines to be applied with understanding informed with common sense."
The Hon’ble Apex Court observed in para 28 that :
“These principles are invariably kept in mind by the Courts while determining the market value of the acquired lands (see also Union of India vs. Raj Kumar
Baghal Singh (Dead) Through Legal Representatives & Ors, 2014 10 SCC 422.
The Hon’ble Apex Court observed in para 29 that :
“In addition to these principles, this Court in several cases have also laid
down that while determining the true market value of the acquired land
and especially when the acquired land is a large chunk of undeveloped
land, it is just and reasonable to make appropriate deduction towards
expenses for development of acquired land. It has also been consistently
held that at what percentage the deduction should be made vary from
10% to 86% and, therefore, the deduction should be made keeping in
mind the nature of the land, area under acquisition, whether the land is
developed or not and, if so, to what extent, the purpose of acquisition,
LAOP .No.20/2007 ASCJC/AKP Page No. 38 ASCJC/AKP Dt. 25-06-2020.
etc., It has also been held that while determining the market value of
the large chunk of land, the value of smaller piece of land can be taken
into consideration after making proper deduction in the value of lands
and when sale deeds of larger parcel of land are not available. This Court has also laid down that the Court should also take into consideration the potentiality of the acquired land apart from other relevant considerations.
This Court has also recognized that the Courts can always apply
reasonable amount of guesswork to balance the equities in order to fix a
just and fair market value in terms of parameters specified under
Section 23 of the Act. (See Trishala Jain & Anr. Vs. State of Uttaranchal
& Anr. , 2011 6 SCC 47).
The Hon’ble Apex Court observed in para 31 that :
“Taking into account the factual scenario of the acquired land and having regard to the totality of the circumstances taken note of supra, we are of the considered view that it would be just, fair and proper to take out the average value of these plots. Since the acquired land is not fully developed and it
requires for construction of rehabilitation centre, it would be just, fair
and proper to deduct 40% of the amount towards development charges
out of the average price worked out. Such deduction is permissible in law
( Land Acquisition Officer Revenue Divisional Officer, Chittor vs. L.
Kamalamma Dead by LRs. & Ors. Etc , 1998 2 SCC 385).
69. As seen from the above said citation it could be said that some
deduction of just, fair and proper amount towards development charges has to
be made from the average market value arrived by the court. In the instant
LAOP also since the acquisition of lands under present Award itself for
development of lands with infrastructure facility into industrial area as such
certainly deduction of amount towards development charges has to be made.
70.P.W.1 deposed that after establishment of factories the acquired
land is not used for dwelling purpose. As seen from record and evidence there
is no whisper about providing rehabilitation and that after acquisition of land
LAOP .No.20/2007 ASCJC/AKP Page No. 39 ASCJC/AKP Dt. 25-06-2020.
the Government has not provided any rehabilitation. Even though it is the allegation of Claimants in their Claim Statement that compensation was not given for some of the trees, surprise to this Court P.W.1 in his cross examination admitted stating that the Horticulture Department ascertained trees value at the time of acquisition but stated that compensation was not paid for some other trees. Here it is just and essential to have a glance into Copy of Award marked as Ex.R.1 at Page 6 in respect of trees noted that there are standing trees like Palmyrah, Mango,
Coconut, Cashew trees in the acquired lands and that fruit bearing trees like
Mango, Coconut, Cashew trees are valued by the Horticulture Office of
Visakhapatnam and the value furnished by Horticulture Officer has been adopted in this Award and the value of the scattered trees has been arrived at as per
G.O.Ms.No.601, Rev(LA) Dept. dt.19061992. No such record filed by the Land
Acquisition Officer to show the trees in acquired lands were valued by the
Horticulture Department and as such it has no credibility in this aspect which clearly discloses that there are trees existing in the acquired lands.
71.The learned Counsel for the Claimants quoted citation i.e., 1994 (1) ALT 4 (NRC) in respect of consideration of Awards of neighbouring villages. With great respect to the Hon’ble High Court of A.P. this court would like to say that this citation has no application to the facts and circumstances of this court and this court answered the reference in detail with reasons.
72.The learned Counsel for the Claimants quoted citation i.e., AIR 1971 SC 1253 and 1998 (1) LACC 61 in respect of consideration of gradual increase of land prices in the area under acquisition. With great respect to the Hon’ble Apex Court this court would like to say that this citation has no application to the facts and circumstances of this court and this court answered the reference in detail with reasons.
73.The learned Counsel for the Claimants quoted citation i.e., AIR 1972
Madras 170 in respect of the authority that highest price of fair transaction can be
LAOP .No.20/2007 ASCJC/AKP Page No. 40 ASCJC/AKP Dt. 25-06-2020.
taken into consideration at the time of fixing market value of lands under acquisition. With great respect to the Hon’ble High Court of Madras this court would like to say that this citation has no application to the facts and circumstances of this court and this court answered the reference in detail with reasons.
74.The learned Counsel for the Claimants quoted citation i.e., AIR 1985
Delhi 298 and AIR 1989 Delhi 310 in respect of authority that similar developments and potentiality in neighbouring villages can also be taken into consideration for fixing market value of acquired lands. With great respect to the Hon’ble Court of
Delhi this court would like to say that this citation has no application to the facts and circumstances of this court and this court answered the reference in detail with reasons.
75. The learned Counsel for the Claimants quoted citation i.e., An.W.R 1975 28 in respect of the authority that sale transactions of neighbouring villages can be taken into consideration at the time of fixing market value of lands under acquisition. With great respect to the Hon’ble High Court of A.P this court would like to say that this citation has no application to the facts and circumstances of this court as because this court made application of suitable and relevant citation of
Hon’ble Apex Court.
76. The learned Counsel for the Claimants quoted citation i.e., AIR 1986
Delhi 140 in respect of the authority that potential value of acquired land and its capable possibility in future can be taken into consideration at the time of fixing market value of lands under acquisition. With great respect to the Hon’ble High
Court of Delhi this court would like to say that this citation has no application to the facts and circumstances of this court and this court answered the reference in detail with reasons.
77. The learned Counsel for the Claimants quoted citation i.e., AIR
2001 SC 1117 with regard to the authority that Certified Copies of Sale deeds
LAOP .No.20/2007 ASCJC/AKP Page No. 41 ASCJC/AKP Dt. 25-06-2020.
produced in the LAOP cases can be considered without examining its vendor or
vendee to fix compensation to the Claimant. This Court would say that those
citations are squarely applicable to the present facts and circumstances of this
LAOP.
78.The learned Counsel for the Claimants quoted citation i.e., AIR
2001 SC 3516 with regard to the authority of awarding interest on Solatium in
view of compulsory acquisition. With great respect to the Hon ’ ble Apex Court
this Court would say that this citation is applicable to the present facts and
circumstances of this LAOP at the time passing of Award while passing order
in respect of enhancing market value.
79.The learned Counsel for the Claimants quoted citation i.e., 2003 (6)
ALD 686 (DB) with regard to the authority that application of post notification sales can also be considered for determination of quantum of compensation to acquired lands. With great respect to the Hon’ble High Court of A.P this court would like to say that this citation has no application to the facts and circumstances of this case.
80.In view of the above discussion it is just and essential to make deduction of amount towards development charges from the amount arrived by this
Court in the above paras. Since this Court arrived at Rs.1,50,000/ and
deductions towards development charges are essential as such this Court came
to conclusion to deduct at 20% from the arrived Rs.1,50,000/ which is
Rs.30,000/ and deducting the said amount it will come to Rs.1,20,000/ per
acre for Dry Land and accordingly this Court being Reference Court fixed
Rs.1,30,000/ per acre for Wet Land. Hence this reference is answered in
favour of Claimants.
In the result, this LAND ACQUISITION ORIGINAL PETITION is allowed as follows:
LAOP .No.20/2007 ASCJC/AKP Page No. 42 ASCJC/AKP Dt. 25-06-2020.
i) The market value is fixed at Rs.130,000/ per acre for the Wet land an extent of Ac.0.18 cents i.e., Wet land an extent of Ac.018 cents in S.No.45/35 is situated in Thanam Village of Parawada Mandal which was occurred by the Government under Award No.12/95,
dated 16091995.;
ii)The Claimants are entitled to the Additional Market Value payable under Sec.23(1A) of the Land Acquisition Act at 12% p.a on the market value determined under Sec.23 (1) of the Act from the date of publication of the Draft Notification under Sec.4 (1) of the Act to the date of Award.; iii)The Claimants are entitled to the payment of Solatium at 30% under Sec.23 (2) of the Act on the enhanced market value determined under Sec.23(2) of the Act in consideration of the compulsory nature of acquisition; iv) The Claimants are entitled to payment of interest under Sec.34 of the Act on the enhanced compensation at 9% p.a for one year and at 15% p.a, thereafter from the date of taking possession of the lands which is also the date of passing of the award till the amount is paid or deposited into Court;
v) The compensation already received by the deceased Claimant by name Pyla Parasuramulu including his L.Rs i.e., 2 nd to 4 th Claimants shall be deducted from the enhanced compensation payable under this Order; vi) But in the circumstances both parties do bear its own costs.
Typed to my dictation by Stenographer, corrected and pronounced by me in open court on this the 25th day June, 2020.
ADDITIONAL SENIOR CIVIL JUDGE
ANAKAPALLE.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR CLAIMANTS:FOR REFERRING OFFICER: P.W.1: Pyla Tata babu. R.W.1: S.D.Anitha (LAO).
DOCUMENTS MARKED
FOR CLAIMANTS:
Ex.P-1Xerox copy of certified copy of Decree and order in LAOP No.33/1998 in respect of Award No.12/1995, dt. 6-6-2005
Ex.P-2Xerox copy of certified copy of Award No.4/1996 dated 24-02-1996 in respect of lands of Eedulapaka Bonanji Village dated 24-02-1996
Ex.P-3Xerox copy of certified copy of Award No.18/1996 dated 27-03-1996 in respect of
LAOP .No.20/2007 ASCJC/AKP Page No. 43 ASCJC/AKP Dt. 25-06-2020.
lands of Tadi Village
Ex.P-4Xerox copy of Certified Copy of Award No.10/1998 dated 29-12-1998 in respect of lands of Cheepurapalli Village
Ex.P-5Xerox copy of certified copy of Registration Extract of Sale deed dated 03-11- 1993 bearing document No.3237/1993 in favour of Gorle China Babu in respect of Tanam Village
Ex.P-6Xerox copy of certified copy of Registration Extract of Sale deed dated 06-12- 1995 bearing document No.3350/1995 in favour of Rayudu Appa Rao in respect of Tanam Village
Ex.P-7Xerox copy of certified copy of Registration Extract of Sale deed dated 24-10- 1989 in favour of P.Leela Srinivasa Rao in respect of Eedulapaka Bonangi Village
Ex.P-8Xerox copy of certified copy of Registration Extract of Sale deed dated 30-01- 1990 in favour of S.V.Pratap in respect of Eedulapaka Bonangi Village
Ex.P-9Xerox copy of certified copy of Registration Extract of Sale deed dated 31-03- 1990 in favour of Neelapu Ramakrishna in respect of Eedulapaka Bonangi Village
Ex.P-10Xerox copy of certified copy of Registration Extract of Sale deed dated 04-05- 1991 in favour of Gudala Laxmi Jhansi Bhai in respect of Eedulapaka Bonangi Village
Ex.P-11Xerox copy of certified copy of Decree and order in LAOP No.19/2007 in respect of Award No.12/1995 dated 30-04-2018
FOR REFERRING OFFICER: Ex.R.1: Award No.12/95 dt.16091995.
ADDITIONAL SENIOR CIVIL JUDGE
ANAKAPALLE.
LAOP .No.20/2007 ASCJC/AKP Page No. 44 ASCJC/AKP Dt. 25-06-2020.
Date of Presentation: 02.01.1997 Date of Filing : 12.02.2007
IN THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE:: ANAKAPALLE.
Present : Sri K.K.V.Buli Krishna
Additional Senior Civil Judge,
Anakapalle.
Dated: Thursday, this the 27th day of February, 2020.
L.A.O.P. No.23/2007
Between:
1. Rongali Demudu S/o late Pydithalli (died).
2. Rongali Yerrayamma, W/o late Demudu, Hindu, aged 70 years, R/at Thanam Village, Paravada Mandal, Visakhapatnam District.
3. Rongali Pydumnaidu W/o late Demudu, Hindu, aged 47 years, R/at Thanam Village, Paravada Mandal, Visakhapatnam District. … Claimants.
Vs.
Land Acquisition Officer and Spl. Dy. Collector (L.A), APIIC, Visakhapatnam. …Referring Officer.
(2nd and 3rd Claimants impleaded as per orders of this Court in I.A.No.235/2019 dt.21112019.)
This is a Reference filed u/Sec.18 of Land Acquisition Act, 1894 by the
L.A officer cum Special Dy. Collector (L.A), APIIC, Visakhapatnam on the protest made by the deceased Claimant by name Rongali Demudu, whose L.Rs. impleaded
as 2nd and 3rd Claimants as per orders of this Court in I.A.No.235/2019 dt.2111
2019 and whose Wet land an extent of Ac.0.28 cents i.e., Wet land an extent of
Ac.015 cents in S.No.38/9, Ac.0.03 cents in S.No.38, Ac.0.10 cents in S.No.47. Dry land in an extent of 0.23 cents in S.No.31/3 is situated in Thanam Village of
Parawada Mandal which was occurred by the Government under Award No.12/95,
dated 16091995.
This case coming before me on 19.02.2020 for final hearing in the presence of Sri M.Pydiraju, Advocate for the Claimant and Sri R.Govindaraju,
Advocate for the Referring Officer, having heard on both sides, having perused the
LAOP .No.20/2007 ASCJC/AKP Page No. 45 ASCJC/AKP Dt. 25-06-2020.
material papers and having stood over for consideration till this day, this Court doth order and:
D E C R E E
1. The market value is fixed at Rs.130,000/ per acre for the Wet land an extent of Ac.0.28 cents i.e., Wet land an extent of Ac.015 cents in S.No.38/9, Ac.0.03 cents in S.No.45/38 Ac.0.10 cents in S.No.45/47. The market value is fixed at Rs.1,20,000/ per acre for the Dry land in an extent of 0.23 cents in S.No.31/3 is situated in Thanam Village of Parawada Mandal which was occurred by the Government under Award No.12/95, dated 16091995.;
2. The Claimants are entitled to the Additional Market Value payable under Sec.23(1A) of the Land Acquisition Act at 12% p.a on the market value determined under Sec.23 (1) of the Act from the date of publication of the Draft Notification under Sec.4 (1) of the Act to the date of Award.;
3. The Claimants are entitled to the payment of Solatium at 30% under Sec.23 (2) of the Act on the enhanced market value determined under Sec.23(2) of the Act in consideration of the compulsory nature of acquisition;
4. The Claimants are entitled to payment of interest under Sec.34 of the Act on the enhanced compensation at 9% p.a for one year and at 15% p.a, thereafter from the date of taking possession of the lands which is also the date of passing of the award till the amount is paid or deposited into Court;
5. The compensation already received by the deceased Claimant by name Rongali Demudu including his L.Rs i.e., 2nd & 3rd Claimants shall be deducted from the enhanced compensation payable under this Order;
6. that there be no order as to costs.
Given under my hand and seal of this court, this the 26th day of February, 2020.
Addl. Senior Civil Judge, Anakapalle.
Memorandum of Costs
No costs memo is filed on either side.
Addl. Senior Civil Judge, Anakapalle.
LAOP .No.20/2007 ASCJC/AKP Page No. 46 ASCJC/AKP Dt. 25-06-2020.
LAOP .No.20/2007 ASCJC/AKP Page No. 1 ASCJC/AKP Dt. 25-06-2020.
IN THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE:: ANAKAPALLE.
Present : Sri K.K.V.Buli Krishna
Additional Senior Civil Judge,
Anakapalle.
Dated: Thursday, this the 25th day of June, 2020.
L.A.O.P. No.20/2007
Between:
1. Pyla Parasuramulu (died).
2. Pyla Apparao, S/o late Parasuramulu, age 50 years, Hindu, R/at Thanam Village, Paravada Mandal, Visakhapatnam District.
3. Pyla Ramunaidu, S/o late Parasuramulu, age 45 years, Hindu, R/at Thanam Village, Paravada Mandal, Visakhapatnam District.
4. Pyla Thatababu S/o late Parasuramulu, age 39 years, Hindu, R/at Thanam Village, Paravada Mandal, Visakhapatnam District.
… Petitioners.
Vs.
Special Deputy Collector (LA) APIIC, Visakhapatnam …Referring Officer.
(2nd to 4th Claimants impleaded as per orders of this Court in I.A.No.234/2019 dt.16092019.)
This case coming before me on 19.06.2020 for final hearing in the presence of Sri M.Pydiraju, Advocate for the Claimant and Sri R.Govindaraju,
Advocate for the Referring Officer, having heard on both sides through blue jeans app video conference having perused the material papers and having stood over for consideration till this day, this Court made the following:
O R D E R
This is a Reference filed u/Sec.18 of Land Acquisition Act, 1894 by the L.A officer cum Special Dy. Collector (L.A), APIIC, Visakhapatnam on the protest made by the deceased Claimant by name Pyla Parasuramulu, whose L.Rs.
impleaded as 2nd to 4th Claimants as per orders of this Court in I.A.No.234/2019
LAOP .No.20/2007 ASCJC/AKP Page No. 2 ASCJC/AKP Dt. 25-06-2020.
dt.16092019 and whose Wet land an extent of Ac.0.18 cents i.e., Wet land an extent of Ac.018 cents in S.No.45/35 situated in Thanam Village of Parawada
Mandal which was occurred by the Government under Award No.12/95, dated 16 091995.
2.Brief narration of facts led to the present this Reference : “The APIIC Limited, Hyderabad has sent a requisition for the acquisition of the lands for an extent of Ac.134.74 cents in Thanam village of Parawada Mandal for establishment of ancillaries to Petro
Chemical Complex upon which the requisitioned land was split up into four (4) Blocks for the sake of convenience in processing the land acquisition proceedings and that the Thanam village was a Ryothwari village and the lands in the said village are classified as Dry, Wet and
Manvari Lands. The Special Dy. Collector being the Land Acquisition
Officer, at the time of processing the proposals, for acquisition of
land in Thanam Village in respect of Block No..IV of Thanam
Village under present Award compromising the Survey No. 31, 33,
38, 39, 40, 41, 42, 44 and 45 in an extent of Ac.26.21 cents,
issued 4(1) Notification invoking emergency provisions under Sec.17(4) of the Land Acquisition Act and the Draft Notification u/Sec.4(1) of
Land Acquisition Act was approved vide proceedings of Addl.
Commissioner of Industries and Special Officer (L.A), Steel Plant,
Visakhapatnam bearing No. RC 348/93, RI – III, Dt.08111993 which was published in A.P Gazette extraordinary Issue No.34/93 dated 05 121993 and the substance of the 4(1) Notification which was published in the locality on 15121993 in two Regional Telugu News
Papers i.e., Andhra Bhoomi and Eenaadu on 10011994.
The Land Acquisition Officer, after survey and sub division made by the Special Surveyor apart from prescrutinizing the sub division records by the Deputy Inspector of Survey, Task Force,
Visakhapatnam and after arriving the arrears in Sub Division records,
Draft Declaration u/Sec.6 of Land Acquisition Act was proved by the
Collector, Visakhapatnam vide proceedings No. R. Dis. No.348/93, R
IIII dated 10051994 which was published in extraordinary issue of
LAOP .No.20/2007 ASCJC/AKP Page No. 3 ASCJC/AKP Dt. 25-06-2020.
A.P Gazette No.17/1994 dated 21051994 and the substance of Draft
Declaration u/Sec.6 published in two Regional Telugu News Papers i.e., Eenaadu and Andhra Jyothi on 04061994 and the substance of
Draft Declaration u/Sec.6 published in the locality as per rules on 20 061994.
During the course of preparation of Preliminary Valuation after 4(1) notification of Land Acquisition Act for acquisition of lands in
Thanam village and after publishing the same in news papers, the
Land Acquisition Officer secured sale transactions took place in
the village during the crucial period of three years preceding the
date of 4(1) notification i.e., from 01091990 to 16111993 from
Sub Registrar’s Office, Sabbavaram and collected 50 sale
transactions during the crucial period and after considering the location of land proposed to be acquired, raising up major crops in dry lands like Casurina, Bajra, Seesamum, Ragi, Chili and other
Vegetables and cultivating paddy in wet lands as well as land in
Thanam are more fertile lands than Ponnuru Agraharam village as well as avocation of ryoths to supply milk to Visakhapatnam, the
Land Acquisition Officer after analysing the sale transactions which have to be taken into consideration and those transactions were discarded as they are small bits and does not reflect true market value and basing on the Award passed for the acquisition of lands in
Ponnuru Agraharam Village in an extent of Ac.45.83 cents vide
Award No.8/1995 dated 23061995 which was taken into
consideration to fix the market value for the acquisition of lands
i.e., by fixing the market value of Rs.87,000/ per acre for dry
land and Rs.94,250 per acre for Wet And Manvari Lands and
accordingly passed Award No.12/95 dated 16091995 by fixing
compensation as above and that the deceased Claimant by name
Pyla Adilakshmi, after receiving compensation under protest against the above said market value determined by the Land Acquisition
Officer, requested to refer application to the Reference Court u/Sec.18 of Land Acquisition Act. Hence, the present Reference was made by the Land Acquisition Officer.”
LAOP .No.20/2007 ASCJC/AKP Page No. 4 ASCJC/AKP Dt. 25-06-2020.
3. After referring the case to the Reference Court and after the death of original Claimant by name Pyla Parasuramulu, whose L.Rs.
impleaded as 2nd to 4th Claimants as per orders of this Court in
I.A.No.234/2019 dt.16092019.
The 4th Claimant filed Claim Statement with the following brief averments : “The Award passed by the Land Acquisition Officer is contrary to law, weight of evidence and probabilities of the case and he did not provide opportunity to the deceased Claimant to prove actual value of the acquired land and the Land Acquisition Officer has not taken into consideration of potential value as building site and the neighboiuring villages i.e., Venkatapuram, Ponnuru Agraharam, Tadi, Parawada,
Barnikam, Edulapaka Bonangi are suitable for purposes of industries and residential sites and that the Land Acquisition Officer fixed the market value which is too low considering the sale transactions between the interested parties which shows the arbitrariness in passing the Award.
It is also alleged by the 4th Claimant that the Land Acquisition
Officer has not followed the prescribed procedure and rules laid down in Land Acquisition Act and passed the Award with whims and fancies and when the deceased claimant appeared before the Land
Acquisition Officer to give statement for the notice u/Sec.9(3) and 10(1) of Land Acquisition Act, he disclosed that the present value of lands in the village is at par with the acquired lands situated almost adjoining to Parawada village and location of Steel Plant Town Ship near to the acquired lands and that at the time of acquisition of lands, the neighbouring villagers being purchased house sites @ Rs.100 to 200/ per Sq. Yards which comes to Rs.5,000/ to Rs.8,000/ per cent and that the Government also declared the lands in Thanam
Village of Parawada Mandal and the lands in vicinity of Lankelapalem
Junction, Anakapalle, Visakhapatnam Steel Plant, Simhadri Dharmal
Power Project in Parawada Mandal as Industrial Development Area as there is a vast and fast development as well as for house sites which resulted in good demand for higher cost.
LAOP .No.20/2007 ASCJC/AKP Page No. 5 ASCJC/AKP Dt. 25-06-2020.
The present Thanam village is an important and vast development area as it is very nearer and in between Visakhapatnam and Anakapalle which are urbanized areas and there are no lands in
Anakapalle and Visakhapatnam which are available for house sites as well as industrial purposes and moreover VUDA plots are also situated nearer to Edulapaka Bonangi Village and the village
Thanam having more fertile lands than the surrounding villages
wherein the villagers are raising and cultivating crops like Paddy,
Vegetables, Ragi, Chilli, Casurina and other Commercial Crops
apart from having irrigation facilities and thereby getting annual
income of Rs.15,000/ per acre.
It is also alleged that the Land Acquisition Officer has not taking into consideration of the proximity of acquired lands, to the residential, commercial, industrial, educational, agricultural or medical institutions apart from existing amenities like water, electricity and drainage and if the sale transactions are not available in the crucial period for the acquired land, the sale transactions of neighbouring village can be taken into consideration and in view of
Amended Land Acquisition Act, the Claimant is entitled for compensation including benefits available under Amended Act and the calculation and valuation of the trees and structures in the acquired land is not correct and reasonable and hence prayed to enhance the market value of the acquired land at Rs.8,00,000/ per acre including the benefits under Amended Act.” The 2nd and 3rd claimants adopted the statement of 4th claimant.
4.During the course of enquiry, on behalf of Claimants P.W.1 examined and Ex.P.1 to Ex.P.11 marked subject to objection by learned Assistant Government
Pleader and on behalf of Referring Officer R.W.1 examined and Attested Copy of
Award No.12/95, dated 16091995 marked as Ex.R.1.
5.Heard both sides.
6.The learned counsel for the Claimants argued by drawing the attention of this Reference Court to the contents of Award, Claim Statement as well as
LAOP .No.20/2007 ASCJC/AKP Page No. 6 ASCJC/AKP Dt. 25-06-2020.
objections and the acquired lands in Thanam village are more potential and fertile lands when compared to surrounding villages in which land acquisition has took place and the market value was determined by the Land Acquisition Officer as
Rs.87,000/ per acre for dry land and Rs.94,250/ per acre for wet land and so the market value ought to have raised by the then Land Acquisition Officer at the time of fixing market value and the Land Acquisition Officer clearly observed in the
Award that the Thanam village is more fertile and potential than the surrounding villages i.e., Ponnuru Agraharam, etc., and on viewing in any angle the market value ought to have increased by the then Land Acquisition Officer and hence prayed to order for enhancement of compensation awarded by the Land Acquisition Officer along with statutory benefits and apart from oral submissions quoted citations i.e., 1998 (1) LACC 61, 1985 Delhi 298, AIR 1986 Delhi 140, AIR 2001 SC 1117, 2003 (6) ALD 686 (DB) and AIR 2001 SC 3516.
7.Whereas on the other hand, the learned Assistant Government Pleader argued that the documents relied on by the Claimants in respect of small extents which cannot be applied to enhance compensation rightly determined by the Land
Acquisition Officer and hence prayed to dismiss this Land Acquisition Original
Petition.
8.Now the point for consideration is :
“1. Whether the market value fixed by the Land Acquisition Officer is proper or not ?
2. Whether the Claimant are entitled for any enhancing of market value fixed by the Land Acquisition Officer or not ?”
9.Point No.1 and No.2 :
At the outset it could be said that there are some undisputed facts in the Claimant’s allegations which are acquisition of lands of Claimants, with the admitted extent of land, by the Government under Award No.12/95, dated 1609 1995 as well as entitlement of compensation by the Claimants and receipt of
LAOP .No.20/2007 ASCJC/AKP Page No. 7 ASCJC/AKP Dt. 25-06-2020.
compensation amount under “Protest” by the deceased Claimant but the only contention of the Claimants are that the Land Acquisition Officer has not awarded acceptable compensation which is not according to comparable sale prices and
not considered some factors like raising of commercial crops like Chillies and
Vegetables apart from having sufficient income from the acquired lands and also not considered about potentiality of the acquired lands by comparing the potentiality of surrounding lands in a nearby villages and that the Land
Acquisition Officer has to determine the compensation basing on square yards
basis but not on acres basis as because the surrounding area is covered with
Industries, Petro Chemical Projects and proximity of the acquired lands near
to the developed areas and there is considerable price of acquired lands as on the date of acquisition which was not taken into consideration and the above
said facts are not admitting by the Referring Officer and on the other hand
defending the same as not correct.
10. There are certain above undisputed facts as such this court would not like to touch on those points. The Claimants and Land Acquisition Officer
disputing with each other in respect of market value, potentiality, proximity
of the acquired lands near to developed areas which alleged to be lacking
consideration of various facts of potentiality, price of acquired lands prevailing
as on the date of acquisition on which aspects have to the focused the
evidence and nothing else.
11.This court perused the Claim Statement and chief examination affidavit of one of the Claimants which reveals some new facts introduced in the
evidence and some were omitted when compared those contents with that of
reasons of Claimant which was the subject of reference under Sec.18 of the
LAOP .No.20/2007 ASCJC/AKP Page No. 8 ASCJC/AKP Dt. 25-06-2020.
Land Acquisition Act. Taking in view of this angle this court inclined to narrate brief original pleadings which have taken in Claim Statement for sake of convenience and to avoid lengthy judgment.
12.The 4thClaimant, to substantiate their version to get enhanced compensation, examined himself as P.W.1 who in his chief examination by way of affidavit as usual reiterated the important contents of claim statement which brief facts this court already discussed in the above paras as such again not inclined to narrate the same in order to avoid repeatance of allegations and apart from that
narrated that the then Land Acquisition Officer even though recognized the
potentiality and nature of Thanam village and elaborate discussion in the
Award but not considered in fixing reasonable compensation and the Land
Acquisition Officer has not taken into consideration of prospective improvements in and around the acquired land for the development of house sites and colonies and there are several Educational Institutions with Residential Hostels, Government
Offices, Railway Stations i.e., Tadi and Duvvada, other allied industries for Steel
Plant and that some of the lands in Thanam village and neighbouring village i.e.,
Edulapaka Bonangi which are situated in the distance of 1 K.M from Parawada which is a Mandal Head Quarters were already purchased by the Real Estate people for the purpose of laying house plots for construction of colonies as a Satellite
Township and apart from that stated that the then Land Acquisition Officer
acquired lands in Edulapaka Bonangi village by paying compensation @
Rs.2,06,000/ per acre for dry land and Rs.2,23,000/ per acre for wet land in
the year 1996 under Award No.4/96 and also the said Land Acquisition Officer
acquired lands in Tadi village for which compensation was paid at
Rs.2,09,000/ per acre for dry land and Rs.2,17,700/ per acre for wet land
under Award No.18/96andsome other lands acquired in Revada,
LAOP .No.20/2007 ASCJC/AKP Page No. 9 ASCJC/AKP Dt. 25-06-2020.
Cheepurupalli, Kalapaka and Swayambuvaram Villages of Parawada Mandal for
establishment of N.T.P.C by paying compensation at Rs.2,25,000/ per acre
under Award No.1/98 and also stated that the deceased Claimant used to get
income of rupees nearly 40,000/ per acre by raising commercial crops i.e.,
chillis and vegetables and the lands are very fertile, potential, having
abundant water sources even for agriculture and the Land Acquisition Officer
also acquired lands in Thanam Village under four blocks by passing separate
Awards i.e., Award No.10/1995 to 13/1995 by awarding compensation to the
lands including the present award and that the cases referred u/Sec.18 to the
Reference Court in Award No.10 to 13/1995 were disposed off on merits in the
year 2005 by enhancing market value along with statutory benefits and apart from that marked Xerox Copy of Certified Copy of Decree and Order in L.A.O.P
No.33/1998 relating to Award No.12/95, dated 06062005, Award No.4/96, 18/96 and 10/98 relating to acquisition of lands in Edulapaka Bonangi Village,
Tadi Village and Cheepurupalli Village dated 24061996, 27031997 and 2912
1998 respectively, Xerox Copy of Registration Extract of Sale Deed dated 03
111993, 06121995 executed in favour of Gorli Chinababu and Rayudu
Apparao in respect of lands in Thanam Village, Xerox Copy of Certified Copy of
Lay Out Map of Ganesh Nagar in Edupaka Bonangi Village, Xerox Copy of
Registration Extract of Sale Deed dated 24101989 and 30011990 in favour
of P. Leela Srinivasa Rao, S.P. Pratap, Xerox Copy of Certified Copy of
Registration Extract of Sale Deed dated 31031990 and 04051991 in favour
of Neelapu Ramakrishna and Gudala Laxmi Jhansibai in respect of lands in
Edulupaka Bonangi village and finally another Xerox Copy of Certified Copy of
Decree and Order in L.A.O.P.No.19/2007 relating to Award No.12/95 dated.30
042018 as Ex.P.1 to Ex.P.11 and also stated that the Reference Court taken
LAOP .No.20/2007 ASCJC/AKP Page No. 10 ASCJC/AKP Dt. 25-06-2020.
into consideration of Sale Deed dated 06121995 for an extent of land Ac.0.08
cents in S.No.65/3 of Thanam village executed in favour of Rayapura Apparao
by one Adduru Chinnodu in passing award in Award No.10/95 to 13/95 and the
recommendations of negotiations committee have also taken into
consideration by the Reference Court at the time of passing Award and in the
above said awards the Reference Court has fixed compensation at
Rs.1,00,000/ per acre for dry lands and Rs.1,05,000/ per acre for wet land
with all benefits etc.,
13.This Court would like to discuss the chief examination of Referring
Officer at this relevant point of time in order to compare and discuss the cross examination of both witnesses i.e., P.W.1 and Referring Officer as R.W.1 wherever necessary to touch them.
14. The Referring Officer also given some other aspects than pleadings in
Objections but this Court found that those are relevant and necessary for resolution of correct market value as well as awarding compensation between the Claimant and Government.
15.The Referring Officer, to substantiate its version, examined the Special
Deputy Collector (LA), APIIC, Visakhapatnam examined as R.W.1 who in his chief examination by way of affidavit stated that the main objects of Corporation among others as to acquire lands and to develop lands with infrastructure facility into industrial area to allot plots in the industrial area to Enterpreneurs for industrial purpose and the Corporation works for development of public purpose of industrialization of Andhra Pradesh and that the Corporation, after considering various location of lands situated in and around Visakhapatnam and sending proposal for acquisition of lands to an extent of Ac.2621 cents in Thanam of
Parawada Mandal for purpose of establishment of Petrochemical Complex and the lands in Thanam divided into 4 Blocks for convenience sake and the lands covered
LAOP .No.20/2007 ASCJC/AKP Page No. 11 ASCJC/AKP Dt. 25-06-2020.
under the present LAOP falling under Block No.4 relating to an extent of Ac.26 21 cents and the Land Acquisition Officer issued Sec.4(1) Notification on 10 011994 and passed an Award No.12/95 dt.16091995 under due procedure laid down in Land Acquisition Act.
16.R.W.1 in his chief examination stated that the then the Land
Acquisition Officer, after taking into consideration of potentiality, market value and location of lands and after collecting Sales Statistics with “Crucial Period”, passed the above Award giving full details as to assessment of market value i.e., how he arrived the true and correct market value in between willing purchaser and willing buyer and that the Land Acquisition Officer i.e., Spl. Deputy Collector
(LA) at the time of fixing compensation relied on sale transaction dt.1406
1991 which is in respect of Dry Land relating to land an extent of Ac.025 cents in S.No.72/3 which value is Rs.79,600/ per acre and accordingly fixed compensation at Rs.87,000/ per acre for Dry Lands and Rs.94,250/ per acre for Wet lands.
17. This court would like to discuss those evidence in cross
examination of P.W.1 and R.W.1 in order to ascertain the potentiality of
acquired lands, its proximity to nearest developed areas, raising crops in the
lands in acquisition for the purpose of income deriving on acquired lands
which is relevant and essential to answer the points framed for consideration
to come to conclusion whether the request of Claimant has to be considered to
enhance the compensation awarded by the then Land Acquisition Officer or
not.
18. P.W.1 deposed that the Land Acquisition Officer acquired the land in an extent of Ac.063 Cents in the present Award No.12/95 dt. 16091995 and the
LAOP .No.20/2007 ASCJC/AKP Page No. 12 ASCJC/AKP Dt. 25-06-2020.
acquired land situated in Thanam Village and that Lemarthi Agraharam, Ponnuru
Agraharam and Jagannadhapuram are the neighbouring villages of Thanam
village and that Ex.P.5 to Ex.P.11 are the documents relating to the year 1993,
1995, 1989, 1990, 1990 and 1991. The Reffering Officer as RW.1 in his cross
examination deposed that the Thanam Village is situated adjacent to
Parawada, Lemarthi Agraharam, Ponnuru Agraharam, Tadi, Bharanikam and
Edulapaka Bonangi. R.W.1 deposed that Ponnuru Agraharam, Parawada,
E.Bonangi and Thanam villages are situated side by side. R.W.1 voluntarily stated that Steel Plant acquired the lands upto Pinamadaka which is at a distance of 3 K.M from Thanam Village.
19.R.W.1 deposed that after Notification under Sec.4(1) of Land
Acquisition Act only they informed about acquisition of lands to the
cultivators and that they have to determine compensation under Sec.23 of
Land Acquisition Act and the Crucial Period is three (3) years prior to Sec.4(1)
of Notification and they have to ascertain the total Sale transactions taken
place in a particulars village from concerned Sub Registrar Department i.e.,
Sub Registrar Office. R.W.1 deposed that as per Award i.e., Ex.R.1 they have
collected total 50 sale transactions during crucial period.
20. R.W.1 deposed that the lands covered under Ex.P.5 and Ex.P.6 are relating to Thanam Village and admitted the fact stating that the Principal and
Additional Senior Civil Judge’s Courts, Anakapalle being the Reference Courts
arrived and fixed the enhanced compensation, in Award No. 10/95 to 13/95,
basing on Sale Deed dt.06121995 marked as Ex.P6. R.W.1 also admitted the
fact stating that as per Ex.P.5 the Reference Court also considered the sale
transactions relating to the neighbouring village i.e., Edulapaka Bonangi
LAOP .No.20/2007 ASCJC/AKP Page No. 13 ASCJC/AKP Dt. 25-06-2020.
Village. R.W.1 admitted stating that Ex.P.2 is the Consent Award, passed by
the then Land Acquisition Officer, in Award No.4/96 dt.24021996 which
document was considered by Reference Court in Ex.P.1. R.W.1 also admitted stating that Principal Senior Civil Judge’s Court, Anakapalle referred the
G.O.Ms.No.1050 Revenue (LA) Department in para 19 in Ex.P.1 and Ex.P.12 while enhancing the compensation amount and as per the above said G.O. the
Government has formed the Negotiation Committee which Committee passed
Consent Award.
21. Now let us discuss about the above said documents i.e., Ex.P.5 and
Ex.P.6 what they contain and what is the market value of lands covered under them as on which date.
22. The Claimants filed Xerox Copy of Registration Extract of
Registered Sale Deed dt.03111993 marked as Ex.P.5 which would disclosed
that it is a Registered Sale Deed executed in favour of Gorle China Babu and
Vennela Appadu by one Cheepurupalli Mahalakshmi in respect of land in
S.No.47/16 an extent Ac.006 cents = 230.4 Square Yards situated in Thanam
Village for Sale Consideration of Rs.6,000/ and which works out to
Rs.1,00,000/ per acre. The Claimant also filed Xerox Copy of Registration
Extract of Registered Sale Deed dt.06121995 marked as Ex.P.6 which would disclosed that it is a Registered Sale Deed executed in favour of Rayudu Apparao
by one Adduru Chinnodu and others in respect of land in S.No.65/3 an extent
Ac.078 cents = 387.2 Square Yards situated in Thanam Village for Sale
Consideration of Rs.11,700/ and which works out to Rs.1,45,200/ per acre.
23.The Claimants filed Xerox Copy of Registration Extract of
Registered Sale Deed dt.24101989 marked as Ex.P.7 which would disclosed
that it is a Registered Sale Deed executed in favour of Kapunukollu Leela
LAOP .No.20/2007 ASCJC/AKP Page No. 14 ASCJC/AKP Dt. 25-06-2020.
Srinivasarao by one Boddapu Kasulu and others in respect of land in
S.No.152/1037, 153/109, 154/1021, 155, 156/1028 and 157/2017 an extent
266.66 Square Yards situated in “Ganesh Nagar Layout” in Edulapaka Bonangi
Village for Sale Consideration of Rs.27,000/ and which works out to
Rs.4,90,000/ per acre.
24.The Claimants filed Xerox Copy of Registration Extract of
Registered Sale Deed dt.30011990 marked as Ex.P.8 which would disclosed
that it is a Registered Sale Deed executed in favour of Dr.Sajjavara Pratap by
one Suryadevera Ramakrishna and others in respect of land in S.No.121/10 an
extent Ac.050 cents out of Ac.178 cents situated in Edulapaka Bonangi
Village for Sale Consideration of Rs.75,000/ and which works out to
Rs.1,50,000/ per acre.
25.The Claimants filed Xerox Copy of Certified Copy of Registration
Extract of Registered Sale Deed dt.31031990 marked as Ex.P.9 which would
disclosed that it is a Registered Sale Deed executed in favour of Neelapu
Ramanababu by one Vechalapu Simhachalamma in respect of land in
S.No.267/3 an extent Ac.024 cents situated in Edulapaka Bonangi Village for
Sale Consideration of Rs.41,050/ and which works out to Rs.1,71,000/ per
acre.
26.The Claimants filed Xerox Copy of Certified Copy of Registration
Extract of Registered Sale Deed dt.04051991 marked as Ex.P.10 which would
disclosed that it is a Registered Sale Deed executed in favour of Gudala
Lakshmi Jhansi Bai by one Gorle Naidu in respect of land in S.No.198/4 an
extent Ac.016 cents situated in Edulapaka Bonangi Village for Sale
Consideration of Rs.31,200/ and which works out to Rs.1,95,000/ per acre.
LAOP .No.20/2007 ASCJC/AKP Page No. 15 ASCJC/AKP Dt. 25-06-2020.
27.Now let us have a glance into the contents of Award No.5/2006 dt.16
091995 marked as Ex.R.1 in order to ascertain on basis of which document
(Sale Deed or any previous Award) the Award in the present Land Acquisition
Original Petition (LAOP) was passed and in order to ascertain whether any
enhancement of compensation is required to be allowed or not. The discussion
of Award i.e., Ex.R.1 is just and essential for the above purpose.
28.As seen from in Page No.4 of Award marked as Ex.R.1 it discloses that
the then Land Acquisition Officer obtained 50 registered sale statistics from
Sub Registrar’s Office of Sabbavaram out of which 7 Sales are within the lands
under acquisition, 2 Sales are nearest to acquisition lands and the remaining
sale transactions are far away from acquired lands. As seen from the same Page
No.4 it is disclosed that the Sale Transactions No.1, 2, 4 to 12, 15, 17 to 22, 24
to 26, 28 to 34, 38 to 41, 43 to 50 are relating to the lands far away from the
lands under acquisition which are not reflecting true market value as such
they were not taken into consideration by the then LAO. As seen from the same
Page No.4 it also reveals that even though the lands under Sale Transactions
No.3, 16, 27, 35 to 37 and 42 are within the acquired lands, the extents of
lands are very meagre which do not reflect true market value of the lands
under acquisition as such the then Land Acquisition Officer not taken into consideration of those Sale transactions.
29.As seen from the same Page No.4 it is disclosed that the Sale
Transaction in respect of item No. 23 relating to the dry land an extent of Ac.0
25 cents in S.No.72/3 situated in Thanam Village (Thanam Village lands under
acquisition) is a Registered Statistics obtained from Sub Registrar’s Office,
Sabbavaram taken place on 14061991 for sale consideration of Rs.19,900/
LAOP .No.20/2007 ASCJC/AKP Page No. 16 ASCJC/AKP Dt. 25-06-2020.
which works out to Rs.79,600/ per acre and which land is a little bit away from the lands under acquisition and that Sale transactions in item No.13 and 14
relating to the lands an extent of Ac.007 cents and Ac.005½ cents) which
alleged to be small extents and which cannot reflect true market value as such those Sale transactions were discarded by the then Land Acquisition Officer.
30.As seen from Page No.5 of same Ex.R.1 it reveals that recently the
Collector of Visakhapatnam fixed, the market value of the acquired lands an
extent of Ac.4583 cents in Ponnuru Agraharam Village, as Rs.87,000/ per
acre for dry land and Rs.94,250/ per acre for wet land by passing Award
No.8/95 dt.23061995 and that since the Ponnuru Agraharam Village is
situated towards Northern side of Thanam Village and the lands in Thanam are
more fertile than those lands in Ponnuru Agraharam Village and that the Sale
transaction of Thanam Village reflects nearest to the market value to that of
Ponnuru Agraharam Village and in view of on coming projects (several) in and
around Thanam Village and to meet the ends of justice as such the then Land
Acquisition Officer has fixed the market value of acquired lands in Thanam
Village as Rs.87,000/ per acre for dry land and Rs.94,250/ per acre for wet
land apart from 30% Solatium and 12% Additional Market Value along with
other benefits as per Land Acquisition Act.
31. This Court would also like to draw a table in respect of particulars of land value ascertained by the Land Acquisition Officer and on which basis he arrived the market value of the acquired lands:
Total extent of Name ofMarket valueMarket value of Sl.Ex.Date ofacquired land andVillage ofof Dry land Wet land fixed by No.No.AwardAwardfixed by LAO LAO per acre
Survey Number of acquired lands
No. acquired Lands & Block No. per acre
LAOP .No.20/2007 ASCJC/AKP Page No. 17 ASCJC/AKP Dt. 25-06-2020.
Ac.4583 cents and
S.No.31, 33, 38 to 42, Tanam & IV
1.R.1
230695 8/95 44 and 45 Block Rs.87,000/ Rs.94,250/
32. This Court drawn the following table for particulars of the documents
i.e., Sale transaction relied on by Claimant for determination of compensation
by this Reference Court as on the date of acquisition for the sake of
convenience and easy reference:
SL.Ex.Date ofVendor/Vendee/Village ofS.NoArea inMarketRate as per Acre No.No.SaleSellerPurchaserlandSq.Yd/Value of DeedCentsland/ Ac.centvacant site Ch.MahaGorle ChinaTanam
031193 6,000
1.P.5lakshmi &Babu &47/ 006 1,00,000/ Ors.Anr. 16 cents (1,000/ per cent)
2.P.661295AdduruRayuduTanam 65/ 078 11,700 1,45,200/ ChinnoduApparao3 cents (1,452/ per & Ors cent)
3.P.7241089B.KasuluP.LeelaEdulapaka 152 266.66 27,000 4,84,800/ & OrsSrinivasaBonangi Sq.Ya to (4,848/ per Raords 158 cent)
4.P.8300190S.RamaS.V.PratapDo121/ 050 75,000 1,50,000/ krishna &10 cents (1,500/per Ors. cent)
5.P.9310390 SimhaNeelapuDo267/ 024 41050 1,71,000/ chalammaRamakrish3 cents (1,710/ per na cent)
6.P.10040591GorleGudalaDo198/ 016 31,200 1,95,000/ NaiduLakshmi4 cents (1,950/) Jhansi Bai
33. As seen from the above discussion of contents of Award i.e., Ex.R.1
it is disclosed that the then Land Acquisition Officer not relied on any Sale
transaction available either within the vicinity of acquired Village or
neighbouring Villages but taken into consideration of Market Value fixed as
LAOP .No.20/2007 ASCJC/AKP Page No. 18 ASCJC/AKP Dt. 25-06-2020.
Rs.87,000/ per acre for dry land and Rs.94,250/ per acre for wet land by the
Collector of Visakhapatnam vide Award No.8/95 dt.23061995 in respect of
lands acquired in Ponnuru Agraharam Village and as seen from material
available on record there is no such copy of above Award No.8/95 dt.2306
1995 and the sale statistics, perused and discarded by LAO, filed before court
for perusal and to ascertain whether the observation made by the Land
Acquisition Officer in Ex.R.1 in fixing compensation is correct or not and
whether it has to be enhanced or not.
34. It is well settled that mere referring a sale transaction in the award
cannot be treated as evidence in the absence of filing the said sale deed and
that If the transactions are prior to the notification, the highest value
depicted in the sale deed shall be taken into consideration for awarding
compensation.
35.At this juncture this Court would like to rely on 1992 (2) ALT 423 (DB) = 1992 LawSuit (AP) 47 held in between Land Acquisition Officer, SubCollector
Vs. Hindustan Commercial and Transport Company (P) Limited wherein the
Hon’ble High Court of A.P. (D.B) observed in para 4 that:
“It is well settled that where salestatistics have been considered by the
Land Acquisition Officer and where those documents have not been
marked after reference in the civil court, those documents cannot be
taken into consideration and they have no evidentiary value. This view
has been affirmed in Land Acquisition Officer, Vijayawada Thermal
Station v. Nutalapati Venkata Rao, 1990 (3) ALT 305 = 1991 (1) APLJ 99
(F.B.). It is only the documents that were marked in the civil court, can
be taken into consideration and none else.”
The Hon’ble High Court of A.P observed in para 5 that:
“If the transactions are prior to the notification, the highest value depicted in the sale deed shall be taken into consideration for awarding compensation.”
LAOP .No.20/2007 ASCJC/AKP Page No. 19 ASCJC/AKP Dt. 25-06-2020.
36.As seen from the citation it could be said that whenever there are no such documentary evidence, placed before court and not marked after
Reference in the Civil Court, on which the Land Acquisition Officer relied to
determine the compensation for the acquired land to the land owners, those documents cannot be taken into consideration as they have no evidentiary value and that the documents, which were produced before Court and marked,
only to be taken into consideration and it is also clear that highest value in
the referred sale deeds shall be taken into consideration in determining
compensation. In the instant LAOP also no such document, relied on by the
Land Acquisition Officer i.e., Award No.8/95 dt.23061995 apart from 50 sale
statistics, filed before this Reference Court as well as not marked and even
there is no such particulars of 50 documents noted in Ex.R.1 and so this Court
has no hesitation to say that the above Award No.8/95 relied by the then Land
Acquisition Officer in determining compensation cannot be taken into
consideration to say that the Land Acquisition Officer has correctly arrived
the market value.
37. When it is so it is for the Reference Court to discuss whether the
Claimants are entitled to any enhancement of compensation as claimed in this OP or not and whether the Claimants have placed any acceptable documentary evidence to resolve the controversy between the parties to OP in answering whether the Claimants are entitled to any enhancement of compensation amount arrived by the Land Acquisition Officer or not and what is the highest value of land covered under documents relied to determine correct compensation .
38. This Court would like to discuss on the above aspect of documentary evidence placed by the Claimants in support of their claim at later point of time.
LAOP .No.20/2007 ASCJC/AKP Page No. 20 ASCJC/AKP Dt. 25-06-2020.
39. This Court would say that in the absence of any other method of fixation of market value the comparable sales from the neighbouring village can be considered as per many judicial precedents.
40. It is well settled that in the absence of acceptable documentary evidence from the Land Acquisition Officer before the Court the assessment of
market value of the acquired land can be ascertained by taking into
consideration of topography, potentiality and advantages attached to and
available to the lands situated adjacent or side by side to the acquired lands.
41. At this juncture this Court would like to rely on 2004 LawSuit (SC) 764 = 2004 (10) SCC 627 = 2004 AIR(SC) 4135 held in between OM PRAKASH
V/S UNION OF INDIA wherein the Hon’ble Apex Court observed in para 3 that:
“Villages Bhorgarh, Kureni and Mamurpur are located side by side and the lands situated in these villages were used for agricultural purposes or purposes subservient thereto.”
The Hon’ble Apex Court observed in para 7 that:
“The only question argued before us was the assessment of the market value of the acquired lands as on the date of the Notification under Section 4 of the
Act. No other issue was canvassed. The High Court has correctly found
that the topography, potentiality and advantages attached to and
available to the lands in the five adjoining villages, namely, Bhorgarh,
Kureni, Mamurpur, Narela and Tikri Khurd were almost the same on the
date when the Notification under Section 4 was issued.”
42. As seen from the above citation it is clear that the assessment of
market value of the acquired land can be ascertained by taking into
consideration of topography, potentiality and advantages attached to and
available to the lands situated adjacent or side by side to the acquired lands.
In the instant LAOP the Land Acquisition Officer based on the Award No.8/95
relating to acquisition of lands situated in Ponnuru Agraharam village while
LAOP .No.20/2007 ASCJC/AKP Page No. 21 ASCJC/AKP Dt. 25-06-2020.
determining compensation of acquired lands in Thanam Village as such it can
be looked into the above lands situated adjacent to acquired lands.
43. Now let us discuss the documentary evidence placed by the Claimants to ascertain whether the Claimants are entitled for enhancement of compensation determined by the Land Acquisition Officer or not as because this court in the above paras observed that the Referring Officer has not placed the document i.e., sale transaction or Award No.8/95 dy.23061995 relied on by him for compensation.
44. At this juncture this Court would like to rely on 2014 LawSuit(SC) 826 = 2015 AIR(SC) 453 = 2015 (2) SCC 160 held in between NIRMAL SINGH ETC Vs.
STATE OF HARYANA AND ORS wherein the Hon’ble Apex Court observed in para 11 that:
“With respect to the general principles that are to be followed for determining just and reasonable compensation to land owners for acquisition of their land, we refer to the case of Smt. Tribeni Devi and Ors. v. Collector of Ranchi, 1972 1 SCC 480; in support of the same, wherein this Court held that: "4. This Court had in Special Land Acquisition Officer, Bangalore v. T.
Adinarayan Setty, 1959 Supp1 SCR 404, indicated at page 412 the methods
of valuation to be adopted in ascertaining the market value of the land
on the date of the notification under Section 4(1) which are : (i) opinion
of experts, (ii) the price paid within a reasonable time in bona fide
transactions of purchase of the lands acquired or the lands adjacent to
the lands acquired and possessing similar advantages; and (iii) a number
of years purchase of the actual or immediately prospective profits of the
lands acquired. These methods, however, do not preclude the Court from
taking any other special circumstances into consideration, the
requirement being always to arrive as near as possible an estimate of the
market value. In arriving to a reasonably correct market value, it may be
necessary to take even two or all of those methods into account
LAOP .No.20/2007 ASCJC/AKP Page No. 22 ASCJC/AKP Dt. 25-06-2020.
inasmuch as the exact valuation is not always possible as no two lands
may be the same either in respect of the situation or the extent or the
potentially nor is it possible in all cases to have reliable material from
which that valuation can be accurately determined."
The Hon’ble Apex Court observed in Para 12 that :
“A perusal of the record shows that there is significant variation in the
consideration paid in the array of sale instances submitted by the
parties. Moreover the consideration paid for the sale instances produced
by the appellants are in relation to small pieces of land which are near
the acquired land. To consider these small pieces of land as the basis for
determining just compensation to be paid to the appellants for the
acquired land as urged by the learned counsel for the appellants, we refer
to the legal principles laid down by this Court after examining the
relevant provisions of the Act in catena of cases. In Special Land
Acquisition Officer and Anr. v. M.K. Rafiq Saheb, 2011 7 SCC 714 this Court held as under: "24. It may also be noticed that in the normal course of events, it is hardly possible for a claimant to produce sale instances of large tracks of land. The
sale of land containing large tracks are generally very far and few.
Normally, the sale instances would relate to small pieces of land. This
limitation of sale transaction cannot operate to the disadvantage of the
Claimant. Thus, the Court should look into sale instances of smaller
pieces of land while applying reasonable element of deduction."
To determine the rate of compensation to be paid for the acquired land
when the same is made on the basis of sale deeds with respect to smaller
pieces of land, we have to make deductions in order to keep provision for
the developmental expenses that the acquirer has to incur. The principle of deductions in the determination of the compensation based on the sale instances of smaller pieces of land was established in Smt. Basavva and Ors.
v. Special Land Acquisition, 1996 9 SCC 640 wherein this Court held thus: "3. .On the principle of deductions in the determination of the compensation, this Court in K. Vasundara Devi v. Revenue Divisional Officer, LAO, 1995
LAOP .No.20/2007 ASCJC/AKP Page No. 23 ASCJC/AKP Dt. 25-06-2020.
AIR(SC) 2481 has considered the entire case law and has held that the Court, in the first instance, has to consider whether sales relating to smaller pieces of lands are genuine and reliable and whether they are in respect of comparable lands. In the event the Court finds that such sales are genuine and reliable and the lands have comparable features, sufficient deduction should be made to arrive at the just and fair market value of large tracks of land. The time lag for real development and the waiting period for development are also relevant consideration for determination of just and adequate compensation. Each case depends upon its own facts. For deduction of development charges, the nature of the development, conditions and nature of the land, the land required to be set apart under the building rules for roads, sewerage, electricity, parks, water etc, and all other relevant circumstances involved are to be considered."
A similar opinion was held in Bhagwathula Samanna and others v. Special
Tahsildar and Land Acquisition Officer, Visakhapatnam Municipality, 1991 4
SCC 506 wherein this Court held as under: "7. . In fixing the market value of a large property on the basis of a sale transaction for smaller property, generally a deduction is given taking into consideration the expenses required for development of the larger tract to make smaller plots within that area in order to compare with the small plots dealt with under the sale transaction.
The Hon’ble Apex Court observed in para 13 that:
“The proposition that large area of land cannot possibly fetch a price at
the same rate at which small plots are sold is not absolute proposition
and in given circumstances it would be permissible to take into account
the price fetched by the small plots of land .."
The Hon’ble Apex Court observed in para 13 that:
”Further, this Court has discussed the basis on which deductions on the market value should be made for the development of land, keeping in mind various factors that influence it. In the case of Viluben Jhalejar Contractor v.
State of Gujarat, 2005 4 SCC 789 wherein this Court held thus: "20. The amount of compensation cannot be ascertained with
mathematical accuracy. A comparable instance has to be identified
LAOP .No.20/2007 ASCJC/AKP Page No. 24 ASCJC/AKP Dt. 25-06-2020.
having regard to the proximity from time angle as well as proximity from
situation angle. For determining the market value of the land under acquisition, suitable adjustment has to be made having regard to various positive and negative factors vis vis the land under acquisition by placing the two in juxtaposition. The positive and negative factors are as under:
Positive factors Negative factors
1.smallness of size largeness of area
2.proximity to a roadsituation in the interior at a distance from the road
3.frontage on a roadnarrow strip of land with very small frontage compared to depth
4.nearness to developed lower level requiring the depressed portion area to be filled up
5.regular shaperemoteness from developed locality
6.level visavis land some special disadvantageous factors under which would deter a purchaser acquisition
7.special value for an owner of an adjoining property to whom it may have some very special advantage
21. Whereas a smaller plot may be within the reach of many, a large
block of land will have to be developed preparing a layout plan, carving
out roads, leaving open spaces, plotting out smaller plots, waiting for
purchasers and the hazards of an entrepreneur. Such development
charges may range between 20% and 50% of the total price."
Thus, when it comes to deductions for development of land, it can sway back and forth and can only be determined after carefully considering factors such as size of land, nearness to developed area, etc. as discussed in the above case.”
The Hon’ble Apex Court observed in para 14 that:
”Keeping in mind the guidelines laid down by this Court in the catena of
cases referred to supra, we are of the opinion to determine just and
reasonable compensation for the acquired land on the basis of the sale
instances as submitted by the appellants by taking the average of the
LAOP .No.20/2007 ASCJC/AKP Page No. 25 ASCJC/AKP Dt. 25-06-2020.
sale considerations mentioned therein that are relevant to the date of
issue of Notification under Section 4 of the Act. However, the same is to
be determined keeping in mind that developmental costs are higher for
larger areas of land as compared to small portions of land. The rate of
compensation must be subject to deductions towards developmental
purpose that will have to be incurred by the respondent State.
The Hon’ble Apex Court observed in para 15 that:
“Sale instances in relation to small pieces of land situated near the
acquired land can be considered, subject to (i) reasonable deductions for
developmental costs that will be incurred in the future as per the cases
referred to and (ii) the evidence that these lands can be compared to the
acquired land in terms of its vicinity and the comparable benefits and
advantages.”
45. As seen from the above citation it is clearly revealed that the Court
should look into sale instances of smaller pieces of land while applying
reasonable element of deduction keeping in mind the guidelines laid down by
Hon’ble Apex Court in the catena of cases referred to supra, determination of
just and reasonable compensation for the acquired land has to be made on the
basis of the sale instances as submitted by the Claimants by taking the
average of the sale considerations mentioned therein which are relevant to the
date of issue of Notification under Section 4 of the Act and the same has to be
determined keeping in mind that developmental costs are higher for larger
areas of land as compared to small portions of land and as such the rate of
compensation must be subject to deductions towards developmental purpose
that will have to be incurred by the respondent State.
46.As already this Court discussed in the above paras about filing of
documents by the Claimants which are important and relevant to answer the
LAOP .No.20/2007 ASCJC/AKP Page No. 26 ASCJC/AKP Dt. 25-06-2020.
issue involved in this LAOP and which are the Xerox Copy of Registration
Extract of Registered Sale Deed dt.03111993 marked as Ex.P.5 which would
disclosed that it is a Registered Sale Deed executed in favour of Gorle China
Babu and Vennela Appadu by one Cheepurupalli Mahalakshmi in respect of
land in S.No.47/16 an extent Ac.006 cents = 230.4 Square Yards situated in
Thanam Village for Sale Consideration of Rs.6,000/ and which works out to
Rs.1,00,000/ per acre. The Claimants also filed Xerox Copy of Registration
Extract of Registered Sale Deed dt.06121995 marked as Ex.P.6 which would disclosed that it is a Registered Sale Deed executed in favour of Rayudu Apparao
by one Adduru Chinnodu and others in respect of land in S.No.65/3 an extent
Ac.078 cents = 387.2 Square Yards situated in Thanam Village for Sale
Consideration of Rs.11,700/ and which works out to Rs.1,45,200/ per acre.
The Claimants filed Xerox Copy of Layout Map of Ganesh Nagar of Edulapaka
Bonangi marked as Ex.P.7 not visible as such this Court has no possibility to discuss on this document.
47.The Claimants filed Xerox Copy of Registration Extract of
Registered Sale Deed dt.24101989 marked as Ex.P.7 which would disclosed
that it is a Registered Sale Deed executed in favour of Kapunukollu Leela
Srinivasarao by one Boddapu Kasulu and others in respect of land in
S.No.152/1037, 153/109, 154/1021, 155, 156/1028 and 157/2017 an extent
266.66 Square Yards situated in “Ganesh Nagar Layout” in Edulapaka Bonangi
Village for Sale Consideration of Rs.27,000/ and which works out to
Rs.4,90,000/ per acre.
48.The Claimants filed Xerox Copy of Registration Extract of
Registered Sale Deed dt.30011990 marked as Ex.P.8 which would disclosed
that it is a Registered Sale Deed executed in favour of Dr.Sajjavara Pratap by
LAOP .No.20/2007 ASCJC/AKP Page No. 27 ASCJC/AKP Dt. 25-06-2020.
one Suryadevera Ramakrishna and others in respect of land in S.No.121/10 an
extent Ac.050 cents out of Ac.178 cents situated in Edulapaka Bonangi
Village for Sale Consideration of Rs.75,000/ and which works out to
Rs.1,50,000/ per acre.
49.The Claimants filed Xerox Copy of Certified Copy of Registration
Extract of Registered Sale Deed dt.31031990 marked as Ex.P.9 which would
disclosed that it is a Registered Sale Deed executed in favour of Neelapu
Ramanababu by one Vechalapu Simhachalamma in respect of land in
S.No.267/3 an extent Ac.024 cents situated in Edulapaka Bonangi Village for
Sale Consideration of Rs.41,050/ and which works out to Rs.1,71,000/ per
acre.
50.The Claimants filed Xerox Copy of Certified Copy of Registration
Extract of Registered Sale Deed dt.04051991 marked as Ex.P.9 which would
disclosed that it is a Registered Sale Deed executed in favour of Gudala
Lakshmi Jhansi Bai by one Gorle Naidu in respect of land in S.No.198/4 an
extent Ac.016 cents situated in Edulapaka Bonangi Village for Sale
Consideration of Rs.31,200/ and which works out to Rs.1,95,000/ per acre.
51.Now let us discuss the evidence of parties to this LAOP in respect of location of neighbouring villages whether they are situated to the proximity to the acquired lands and as to their location in order to ascertain whether the above documents can be taken into consideration for enhancing the market value fixed by the then Land Acquisition Officer or not.
52.As already discussed in the above paras by this Court it is the cross
examination of the 2 nd Claimant as P.W.1 that one Lemarthy Agraharam,
LAOP .No.20/2007 ASCJC/AKP Page No. 28 ASCJC/AKP Dt. 25-06-2020.
Ponnuru Agraharam and Jagannadhapuram Villages are the neighbouring
Villages of Thanam Village (Village under present acquisition) which was not
denied by the learned Assistant Government Pleader. The learned Assistant
Government Pleader posed a suggestion to P.W.1 stating that the land value was fixed as per Sale Deeds relating to neighbouring lands of Thanam is the correct one for which he denied the same. In this aspect the present Referring Officer who examined as R.W.1 in his cross examination deposed that the Thanam Village is
situated adjacent to Parawada, Lemarthi Agraharam, Ponnuru Agraharam,
Thadi, Bharanikam and Edulapaka Bonangi and the Thanam Village is situated
at a distance of 4 K.M from Lankelapalem junction and that Thanam village is
situated near to National Highway in a distance of 3 K.M which is adjacent to
Lankelapalem junction and further R.W.1 deposed that the Villages of Ponnuru
Agraharam, Parawada, E.Bonangi and Thanam are situated side by side.
53.Now let us discuss what is the market value of the lands available to the
Claimants of which village i.e., whether the Sale transactions are available within the acquired Thanam Village and whether there are any other sale transactions nearby or neighbouring lands of Thanam Village or not.
54. This Court already discussed about some sale statistics i.e., Xerox Copy of Certified Copy of Registration Extracts i.e., Ex.P.5 to Ex.P.10 which brief contents were narrated in the above paras and this Court also drawn table relating to the above documents showing the date of transactions, vendor and vendee, rate of land in cents as well as square yards agreed to be purchased under documents.
55.The Referring Officer as R.W.1 in his cross examination deposed that the crucial period is three years prior to 4(1) Notification and they have to ascertain the total transactions taken place in a particular village from concerned
Sub Registrar Department and as per Award the then Land Acquisition Officer
LAOP .No.20/2007 ASCJC/AKP Page No. 29 ASCJC/AKP Dt. 25-06-2020.
has collected 50 sale transactions in a crucial period. As per Award i.e.,
Ex.R.1 the crucial period is from 01091990 to 16111993. As seen from table drawn by this Court in the above paras it is disclosed that the documents noted in
Sl.No.1 and 2 dt:03111993 and 06121995 relates to acquired Thanam Village,
Sl.No.3 dt.24101989, Sl.No.4 to 6 dt.30011990, 31031990 and 04051991.
As seen from Ex.R.1 in Page No.4 noted about one Sale transaction relating to
Thanam Village in respect of dry land an extent of Ac.025 cents in S.No.72/3 which was transacted for Rs.19,900/ which works out to Rs.79,600/ per acre which is a little bit away to the lands under acquisition as such it was discarded by the then
Land Acquisition Officer.
56. The then LAO has referred two Sale transactions for the year
1991 in respect of lands an extent of Ac.007 and Ac.005½ cents which were
discarded as they are small extents but he has not referred Ex.P.10 dt.0405
1991 sale transaction in respect of land an extent of Ac.016 cents of
Edulapaka Bonange for sale consideration of Rs.31,200/ which works out to
Rs.1,95,000/ per acre and as seen from Ex.R.1 the said Ex.P.10 not discussed by the LAO to say whether it is a bonafide transaction or not and whether the same can be taken into consideration in fixing market value of acquired land or not. This
Court would like to discuss about this document a bit latter as and when
necessary. The then Land Acquisition Officer also not taken into
consideration of Ex.P.5 which is a Sale transaction dt.03111993 in respect of
land situated in Thanam Village and there was no whisper about the said
Ex.P.5 and in which circumstances it is just and essential to take into
consideration of Ex.P.5 in ascertaining whether any enhancement of
compensation is necessary or not.
LAOP .No.20/2007 ASCJC/AKP Page No. 30 ASCJC/AKP Dt. 25-06-2020.
57.This Court perused the Certified Copies of Decree and Order in
LAOP.No.33/1998 and Batch cases as well as LAOP.No.19/2007 marked as
Ex.P.1 and Ex.P.11 and found that the then learned Senior Civil Judge of
Senior Civil Judge’s Court, Anakapalle discussed Ex.P.5 dt.06121995 even
though it relates to Post Notification Date and taken into consideration in
fixing/enhancing the compensation to Rs.1,00,000/ per acre for dry land and
Rs.1,05,000/ per acre for wet land. This Court would say that when the
Claimants have filed Sale transactions for crucial period relating to Thanam
village as well as neighbouring Village i.e., Edulapaka Bonangi relating to
crucial period as well as a few months prior to 4(1) Notification i.e., crucial
period which documents were not collected and discussed by the then LAO to
say (even though it is a sale transaction prior to 4(1) Notification and its value
is within a reasonable price as such it could be safe to rely on this document)
whether those documents can be taken into consideration or not in fixing
Compensation at the initial stage of passing Award, this Court did not incline
to take into consideration of Ex.P.6 but inclined to look into Ex.P.7 and Ex.P.8 for fixing/enhancing compensation. When we look into Ex.P.7 which is a Sale
transaction relating to the year 1989 much prior to 4(1) Notification, it
discloses that the sale of property, situated in Layout, took place in Square
Yards which works out to Rs.4,84,800/ per acre relating to Edulapaka
Bonangi Village and when this Sale transaction is compared with other sale
transactions shown in the table drawn by this Court in the above paras the
value of land covered under Ex.P.7 shall not be taken into consideration which
is abnormal value and which in the opinion of this Court is not a sale
transaction to be considered for fixing compensation and it can be safely be
set aside.
LAOP .No.20/2007 ASCJC/AKP Page No. 31 ASCJC/AKP Dt. 25-06-2020.
58. Since it is the evidence of Referring Officer that the Villages of
Ponnuru Agraharam, Parawada, E.Bonangi and Thanam are situated side by
side as such it is just, essential and proper to consider the sale transactions in
Thanam and neighbouring Edulapaka Bonangi Village in arriving the correct
market value of the acquired land in this LAOP.
59. At this juncture, this Court would like to discuss on citation 2014
LawSuit(SC) 826 = 2015 AIR(SC) 453 = 2015 (2) SCC 160 held in between
NIRMAL SINGH ETC Vs. STATE OF HARYANA AND ORS which was already
discussed by this Court in the above paras and wherein the Hon’ble Apex Court held that the Court should look into sale instances of smaller pieces of land
while applying reasonable element of deduction and for determination of just
and reasonable compensation for the acquired land has to be made on the
basis of the sale instances as submitted by the Claimant by taking the average
of the sale considerations mentioned therein which are relevant to the date of
issue of Notification under Section 4 of the Act.
60.It is just and essential to calculate the average amount of market
value from the Sale transactions filed and marked by the Claimant relating to
Thanam and Edulapaka Bonangi which are neighbouring villages situated side
by side as per evidence of Referring Officer. One of the Claimant i.e., P.W.1
filed four Sale Transactions under Ex.P.5, Ex.P.8 to Ex.P.10 (Xerox Copy of
Registration Extract of Registered Sale Deed dt.03111993, Xerox Copy of
Registration Extract of Registered Sale Deed dt.30011990, Xerox Copy of
Certified Copy of Registration Extract of Registered Sale Deed dt.31031990
and Xerox Copy of Certified Copy of Registration Extract of Registered Sale
LAOP .No.20/2007 ASCJC/AKP Page No. 32 ASCJC/AKP Dt. 25-06-2020.
Deed dt.04051991) in respect of Sale Consideration of Rs.1,00,000/,
Rs.1,50,000/, Rs.1,71,000/ and Rs.1,95,000/ per acre respectively.
61.The average amount would come from the above market value
amount is Rs.1,54,000/ (Rs.1,00,000/ + Rs.1,50,000/ + Rs.1,71,000/ +
Rs.1,95,000/ = Rs.6,16,000/ / 4 = Rs.1,54,000/ rounded to Rs.1,50,000/)
and this Court found that it is just and proper to fix Rs.1,50,000/.
62.This Court would like to discuss some aspects to arrive the above
compensation amount as because the then Land Acquisition Officer has not
collected Ex.P.5 (Registered Sale Deed dt.03111993) from Sub Registrar ’ s
Office, Sabbavaram and not discussed whether it is a genuine one or not by
examining seller and buyer and in the absence this exercise by the then Land
Acquisition Officer it could be said that the above said document has to be
taken into consideration by this Reference Court in calculating the correct
market value and compensation. When this document i.e., Ex.P.5 is taken
into consideration the minimum market value of the land in Thanam Village
even in the year 1993 i.e., within the crucial period is prevailing as on the
date of fixing market value by the then Land Acquisition Officer. The other
sale transactions considered by this Reference Court in the above paras are
Ex.P.8 to Ex.P.10 (Sale transactions dt.30011990, 31031990 and 0405
1991) relating to the land located in neighbouring village i.e., Edulapaka
Bonangi Village which is situated by the side of Thanam Village as per
evidence of Reffering Officer i.e., R.W.1 and in the above said sales the market
value of land is Rs.1,50,000/, Rs.1,71,000/ and Rs.1,95,000/. When the
market value of land in Edulapaka Bonangi Village is minimum Rs.1,50,000/
and when the lands in Thanam Village are more fertile having surrounded by
Visakha Steel Plant, Niraj Petro Chemicals, HPCC. NTPC at Parawada, Railway
LAOP .No.20/2007 ASCJC/AKP Page No. 33 ASCJC/AKP Dt. 25-06-2020.
Station, Junior College, Government and Private Hospitals, Public and Private
transportation So the market value of the acquired as per evidence of
Referring Officer as R.W.1, definitely the then Land Acquisition Officer ought
to have increased the market value than Rs.87,000/ per acre for dry lands at
the time of passing of present Award under Ex.B.1 and in which circumstances
it could be said that the market value of acquired lands should be in between
Rs.1,00,000/ and Rs.1,95,000/ and accordingly in view of Hon ’ ble Apex
Court ’ s citation sdiscussed in the above paras taken average market value of
above four documents i.e., sales under Ex.P.5, Ex.P.9 to Ex.P.11 and came to
conclusion by arriving the market value of acquired land as on the date of
acquisition as Rs.1,50,000/.
63.The Claimants filed Certified Copy of Award No.4/96 dt.24021996 i.e.,
Ex.P.2, Xerox Copy of Certified Copy of Award No.18/96 and Award No. 10/98 dt.27031996 and 29121998 respectively marked as Ex.P.3 and Ex.P.4. R.W.1 in respect of Ex.P.2 admitted the same as Consent Award. As seen from Ex.P.3 and
Ex.P.4 are also Consent Awards basing on Negotiation Committee formed by
the Government in order to not to face this type of prolonged present
litigation and to put an end to the acquisition proceedings by providing some
permanent and good solution for land loosers. As seen from above Consent
Awards the market value arrived with consent about more than Rs.2,00,000/.
In the opinion of this Court and when taking into this Consent Awards also the
market value of acquired lands has to be in between Rs.1,00,000/ to
Rs.2,00,000/.
64.Now let us discuss whether any deductions have to be made while determining the correct market value of the acquired lands or not.
LAOP .No.20/2007 ASCJC/AKP Page No. 34 ASCJC/AKP Dt. 25-06-2020.
65.It is relevant point of time again to go and extract evidence of Referring
Officer what is his evidence in development of surrounding area and whether any expenditure has to be incurred for development of acquired land i.e., post acquisition expenses for development. It is the evidence of chief examination of
R.W.1 that the main object of Corporation is to acquire land for development of lands with infrastructure facility into industrial area to allot plots to Entrepreneurs for industrial purpose. R.W.1 in his cross examination also admitted the fact
stating that as on the date of acquisition under Ex.R.1 there are Visakha Steel
Plant, Niraj Petrochemicals, HPCC, NTPC at Parawada, Railway Station, Junior
College, Government and Private Hospitals, Public and Private transplantation
are situated in and around the acquired land. There is no denial by the
learned Counsel for Referring Officer about the fact deposed by the Claimant
as P.W.1 that there is a Railway track between Thanam Village and
Lankelapalem Village as well as Yeleru Canal in between the border of
Lemarthi Village and Lankelapalem village and the said Yeleru Canal is
situated at a distance of 4 furlongs from Thanam Village due to which it can be
inferred about potentiality of acquired lands in Thanam Village. When it is so, the Land Acquisition Officer ought to have determined more amount than the one fixed by him as on the date of acquisition apart from the observation the then Land
Acquisition Officer in Ex.R.1 that the lands in Thanam Village are more fertile than the acquired Ponnuru Agraharam Village and there are several projects are coming in and around Thanam Village.
66.The main object of acquisition of lands for industrial purpose was
not denied by the learned counsel for the Claimants as because there may not
be any such question since his lands were acquired for that purpose only and if
there is no such purpose the question of acquisition does not arise.
LAOP .No.20/2007 ASCJC/AKP Page No. 35 ASCJC/AKP Dt. 25-06-2020.
67.This Court would say that whenever the acquired land was not fully developed and the acquisition itself for development of lands and there may be investment of expenditure and some acquired land has to be kept for roads, amenities, etc., and it requires just, fair and proper deduction towards development charges out of the average price worked out.
68. At this juncture this Court would like to rely 2017 LawSuit(SC) 693 = 2017 AIR(SC) 3330 = 2017 (8) SCC 558 held in between VITHAL RAO AND
ANOTHER ETC; ANNAPPA SINCE DEAD BY HIS LRS AND ORS VS. SPECIAL
LAND ACQUISITION OFFICER wherein the Hon’ble Apex Court observed in para 26 that :
“In Chimanlal Hargovinddas vs Special Land Acquisition Officer, Poona &
Anr, 1988 3 SCC 751, this Court dealt with the question as to how the Court should determine the valuation of the lands under acquisition and what broad principle of law relating to acquisition of land under the Act should be kept in consideration to determine the proper market value of the acquired land.”
The Hon’ble Apex Court observed in para 27 that :
“In Para 4 of the judgment, this Court laid down as many as 17 principles, which are reproduced below for perusal:
"(1) to (4) .
(5) The market value of land under acquisition has to be determined as on the crucial date of publication of the notification under Section 4 of the Land
Acquisition Act (dates of notifications under Sections 6 and 9 are irrelevant).
(6) xxxxxxxx (7) In doing so by the instances method, the court has to correlate the market value reflected in the most comparable instance which provides the index of market value.
(8) Only genuine instances have to be taken into account. (Sometimes instances are rigged up in anticipation of acquisition of land.) (9) Even postnotification instances can be taken into account (1) if they are very proximate, (2) genuine and (3) the acquisition itself has not motivated the
LAOP .No.20/2007 ASCJC/AKP Page No. 36 ASCJC/AKP Dt. 25-06-2020.
purchaser to pay a higher price on account of the resultant improvement in development prospects.
(10) The most comparable instances out of the genuine instances have to be identified on the following considerations:
(i) proximity from time angle,
(ii) proximity from situation angle.
(11) Having identified the instances which provide the index of market
value the price reflected therein may be taken as the norm and the
market value of the land under acquisition may be deduced by making
suitable adjustments for the plus and minus factors visàvis land under
acquisition by placing the two in juxtaposition.
(12) A balancesheet of plus and minus factors may be drawn for this purpose and the relevant factors may be evaluated in terms of price variation as a prudent purchaser would do.
(13) The market value of the land under acquisition has thereafter to be deduced by loading the price reflected in the instance taken as norm for plus factors and unloading it for minus factors.
(14) The exercise indicated in clauses (11) to (13) has to be undertaken in a common sense manner as a prudent man of the world of business would do. We may illustrate some such illustrative (not exhaustive) factors:
Plus factors Minus factors
1. smallness of size1. largeness of area
2. situation in the interior at a distance
2. proximity to a roadfrom the Road
3. narrow strip of land with very small
3. frontage on a roadfrontage compared to depth
4. lower level requiring the depressed
4. nearness to developed portion to be area filled up
5. regular shape5. remoteness from developed locality
6. level visavis land under 6. some special disadvantageous factor Acquisitionwhich would deter a purchaser
7. special value for an owner of an adjoining property to whom it may have some very special advantage (15) The evaluation of these factors of course depends on the facts of
each case. There cannot be any hard and fast or rigid rule. Common
sense is the best and most reliable guide. For instance, take the factor
LAOP .No.20/2007 ASCJC/AKP Page No. 37 ASCJC/AKP Dt. 25-06-2020.
regarding the size. A building plot of land say 500 to 1000 sq. yds. cannot be compared with a large tract or block of land of say 10,000 sq. yds. or more.
Firstly while a smaller plot is within the reach of many, a large block of land will have to be developed by preparing a lay out, carving out roads, leaving open space, plotting out smaller plots, waiting for purchasers (meanwhile the invested money will be blocked up) and the hazards of an entrepreneur. The
factor can be discounted by making a deduction by way of an allowance
at an appropriate rate ranging approximately between 20 per cent to 50
per cent to account for land required to be set apart for carving out lands
and plotting out small plots. The discounting will to some extent also
depend on whether it is a rural area or urban area, whether building
activity is picking up, and whether waiting period during which the
capital of the entrepreneur would be locked up, will be longer or shorter
and the attendant hazards.
(16) Every case must be dealt with on its own fact pattern bearing in mind all these factors as a prudent purchaser of land in which position the judge must place himself.
(17) These are general guidelines to be applied with understanding informed with common sense."
The Hon’ble Apex Court observed in para 28 that :
“These principles are invariably kept in mind by the Courts while determining the market value of the acquired lands (see also Union of India vs. Raj Kumar
Baghal Singh (Dead) Through Legal Representatives & Ors, 2014 10 SCC 422.
The Hon’ble Apex Court observed in para 29 that :
“In addition to these principles, this Court in several cases have also laid
down that while determining the true market value of the acquired land
and especially when the acquired land is a large chunk of undeveloped
land, it is just and reasonable to make appropriate deduction towards
expenses for development of acquired land. It has also been consistently
held that at what percentage the deduction should be made vary from
10% to 86% and, therefore, the deduction should be made keeping in
mind the nature of the land, area under acquisition, whether the land is
developed or not and, if so, to what extent, the purpose of acquisition,
LAOP .No.20/2007 ASCJC/AKP Page No. 38 ASCJC/AKP Dt. 25-06-2020.
etc., It has also been held that while determining the market value of
the large chunk of land, the value of smaller piece of land can be taken
into consideration after making proper deduction in the value of lands
and when sale deeds of larger parcel of land are not available. This Court has also laid down that the Court should also take into consideration the potentiality of the acquired land apart from other relevant considerations.
This Court has also recognized that the Courts can always apply
reasonable amount of guesswork to balance the equities in order to fix a
just and fair market value in terms of parameters specified under
Section 23 of the Act. (See Trishala Jain & Anr. Vs. State of Uttaranchal
& Anr. , 2011 6 SCC 47).
The Hon’ble Apex Court observed in para 31 that :
“Taking into account the factual scenario of the acquired land and having regard to the totality of the circumstances taken note of supra, we are of the considered view that it would be just, fair and proper to take out the average value of these plots. Since the acquired land is not fully developed and it
requires for construction of rehabilitation centre, it would be just, fair
and proper to deduct 40% of the amount towards development charges
out of the average price worked out. Such deduction is permissible in law
( Land Acquisition Officer Revenue Divisional Officer, Chittor vs. L.
Kamalamma Dead by LRs. & Ors. Etc , 1998 2 SCC 385).
69. As seen from the above said citation it could be said that some
deduction of just, fair and proper amount towards development charges has to
be made from the average market value arrived by the court. In the instant
LAOP also since the acquisition of lands under present Award itself for
development of lands with infrastructure facility into industrial area as such
certainly deduction of amount towards development charges has to be made.
70.P.W.1 deposed that after establishment of factories the acquired
land is not used for dwelling purpose. As seen from record and evidence there
is no whisper about providing rehabilitation and that after acquisition of land
LAOP .No.20/2007 ASCJC/AKP Page No. 39 ASCJC/AKP Dt. 25-06-2020.
the Government has not provided any rehabilitation. Even though it is the allegation of Claimants in their Claim Statement that compensation was not given for some of the trees, surprise to this Court P.W.1 in his cross examination admitted stating that the Horticulture Department ascertained trees value at the time of acquisition but stated that compensation was not paid for some other trees. Here it is just and essential to have a glance into Copy of Award marked as Ex.R.1 at Page 6 in respect of trees noted that there are standing trees like Palmyrah, Mango,
Coconut, Cashew trees in the acquired lands and that fruit bearing trees like
Mango, Coconut, Cashew trees are valued by the Horticulture Office of
Visakhapatnam and the value furnished by Horticulture Officer has been adopted in this Award and the value of the scattered trees has been arrived at as per
G.O.Ms.No.601, Rev(LA) Dept. dt.19061992. No such record filed by the Land
Acquisition Officer to show the trees in acquired lands were valued by the
Horticulture Department and as such it has no credibility in this aspect which clearly discloses that there are trees existing in the acquired lands.
71.The learned Counsel for the Claimants quoted citation i.e., 1994 (1) ALT 4 (NRC) in respect of consideration of Awards of neighbouring villages. With great respect to the Hon’ble High Court of A.P. this court would like to say that this citation has no application to the facts and circumstances of this court and this court answered the reference in detail with reasons.
72.The learned Counsel for the Claimants quoted citation i.e., AIR 1971 SC 1253 and 1998 (1) LACC 61 in respect of consideration of gradual increase of land prices in the area under acquisition. With great respect to the Hon’ble Apex Court this court would like to say that this citation has no application to the facts and circumstances of this court and this court answered the reference in detail with reasons.
73.The learned Counsel for the Claimants quoted citation i.e., AIR 1972
Madras 170 in respect of the authority that highest price of fair transaction can be
LAOP .No.20/2007 ASCJC/AKP Page No. 40 ASCJC/AKP Dt. 25-06-2020.
taken into consideration at the time of fixing market value of lands under acquisition. With great respect to the Hon’ble High Court of Madras this court would like to say that this citation has no application to the facts and circumstances of this court and this court answered the reference in detail with reasons.
74.The learned Counsel for the Claimants quoted citation i.e., AIR 1985
Delhi 298 and AIR 1989 Delhi 310 in respect of authority that similar developments and potentiality in neighbouring villages can also be taken into consideration for fixing market value of acquired lands. With great respect to the Hon’ble Court of
Delhi this court would like to say that this citation has no application to the facts and circumstances of this court and this court answered the reference in detail with reasons.
75. The learned Counsel for the Claimants quoted citation i.e., An.W.R 1975 28 in respect of the authority that sale transactions of neighbouring villages can be taken into consideration at the time of fixing market value of lands under acquisition. With great respect to the Hon’ble High Court of A.P this court would like to say that this citation has no application to the facts and circumstances of this court as because this court made application of suitable and relevant citation of
Hon’ble Apex Court.
76. The learned Counsel for the Claimants quoted citation i.e., AIR 1986
Delhi 140 in respect of the authority that potential value of acquired land and its capable possibility in future can be taken into consideration at the time of fixing market value of lands under acquisition. With great respect to the Hon’ble High
Court of Delhi this court would like to say that this citation has no application to the facts and circumstances of this court and this court answered the reference in detail with reasons.
77. The learned Counsel for the Claimants quoted citation i.e., AIR
2001 SC 1117 with regard to the authority that Certified Copies of Sale deeds
LAOP .No.20/2007 ASCJC/AKP Page No. 41 ASCJC/AKP Dt. 25-06-2020.
produced in the LAOP cases can be considered without examining its vendor or
vendee to fix compensation to the Claimant. This Court would say that those
citations are squarely applicable to the present facts and circumstances of this
LAOP.
78.The learned Counsel for the Claimants quoted citation i.e., AIR
2001 SC 3516 with regard to the authority of awarding interest on Solatium in
view of compulsory acquisition. With great respect to the Hon ’ ble Apex Court
this Court would say that this citation is applicable to the present facts and
circumstances of this LAOP at the time passing of Award while passing order
in respect of enhancing market value.
79.The learned Counsel for the Claimants quoted citation i.e., 2003 (6)
ALD 686 (DB) with regard to the authority that application of post notification sales can also be considered for determination of quantum of compensation to acquired lands. With great respect to the Hon’ble High Court of A.P this court would like to say that this citation has no application to the facts and circumstances of this case.
80.In view of the above discussion it is just and essential to make deduction of amount towards development charges from the amount arrived by this
Court in the above paras. Since this Court arrived at Rs.1,50,000/ and
deductions towards development charges are essential as such this Court came
to conclusion to deduct at 20% from the arrived Rs.1,50,000/ which is
Rs.30,000/ and deducting the said amount it will come to Rs.1,20,000/ per
acre for Dry Land and accordingly this Court being Reference Court fixed
Rs.1,30,000/ per acre for Wet Land. Hence this reference is answered in
favour of Claimants.
In the result, this LAND ACQUISITION ORIGINAL PETITION is allowed as follows:
LAOP .No.20/2007 ASCJC/AKP Page No. 42 ASCJC/AKP Dt. 25-06-2020.
i) The market value is fixed at Rs.130,000/ per acre for the Wet land an extent of Ac.0.18 cents i.e., Wet land an extent of Ac.018 cents in S.No.45/35 is situated in Thanam Village of Parawada Mandal which was occurred by the Government under Award No.12/95,
dated 16091995.;
ii)The Claimants are entitled to the Additional Market Value payable under Sec.23(1A) of the Land Acquisition Act at 12% p.a on the market value determined under Sec.23 (1) of the Act from the date of publication of the Draft Notification under Sec.4 (1) of the Act to the date of Award.; iii)The Claimants are entitled to the payment of Solatium at 30% under Sec.23 (2) of the Act on the enhanced market value determined under Sec.23(2) of the Act in consideration of the compulsory nature of acquisition; iv) The Claimants are entitled to payment of interest under Sec.34 of the Act on the enhanced compensation at 9% p.a for one year and at 15% p.a, thereafter from the date of taking possession of the lands which is also the date of passing of the award till the amount is paid or deposited into Court;
v) The compensation already received by the deceased Claimant by name Pyla Parasuramulu including his L.Rs i.e., 2 nd to 4 th Claimants shall be deducted from the enhanced compensation payable under this Order; vi) But in the circumstances both parties do bear its own costs.
Typed to my dictation by Stenographer, corrected and pronounced by me in open court on this the 25th day June, 2020.
ADDITIONAL SENIOR CIVIL JUDGE
ANAKAPALLE.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR CLAIMANTS:FOR REFERRING OFFICER: P.W.1: Pyla Tata babu. R.W.1: S.D.Anitha (LAO).
DOCUMENTS MARKED
FOR CLAIMANTS:
Ex.P-1Xerox copy of certified copy of Decree and order in LAOP No.33/1998 in respect of Award No.12/1995, dt. 6-6-2005
Ex.P-2Xerox copy of certified copy of Award No.4/1996 dated 24-02-1996 in respect of lands of Eedulapaka Bonanji Village dated 24-02-1996
Ex.P-3Xerox copy of certified copy of Award No.18/1996 dated 27-03-1996 in respect of
LAOP .No.20/2007 ASCJC/AKP Page No. 43 ASCJC/AKP Dt. 25-06-2020.
lands of Tadi Village
Ex.P-4Xerox copy of Certified Copy of Award No.10/1998 dated 29-12-1998 in respect of lands of Cheepurapalli Village
Ex.P-5Xerox copy of certified copy of Registration Extract of Sale deed dated 03-11- 1993 bearing document No.3237/1993 in favour of Gorle China Babu in respect of Tanam Village
Ex.P-6Xerox copy of certified copy of Registration Extract of Sale deed dated 06-12- 1995 bearing document No.3350/1995 in favour of Rayudu Appa Rao in respect of Tanam Village
Ex.P-7Xerox copy of certified copy of Registration Extract of Sale deed dated 24-10- 1989 in favour of P.Leela Srinivasa Rao in respect of Eedulapaka Bonangi Village
Ex.P-8Xerox copy of certified copy of Registration Extract of Sale deed dated 30-01- 1990 in favour of S.V.Pratap in respect of Eedulapaka Bonangi Village
Ex.P-9Xerox copy of certified copy of Registration Extract of Sale deed dated 31-03- 1990 in favour of Neelapu Ramakrishna in respect of Eedulapaka Bonangi Village
Ex.P-10Xerox copy of certified copy of Registration Extract of Sale deed dated 04-05- 1991 in favour of Gudala Laxmi Jhansi Bhai in respect of Eedulapaka Bonangi Village
Ex.P-11Xerox copy of certified copy of Decree and order in LAOP No.19/2007 in respect of Award No.12/1995 dated 30-04-2018
FOR REFERRING OFFICER: Ex.R.1: Award No.12/95 dt.16091995.
ADDITIONAL SENIOR CIVIL JUDGE
ANAKAPALLE.
LAOP .No.20/2007 ASCJC/AKP Page No. 44 ASCJC/AKP Dt. 25-06-2020.
Date of Presentation: 02.01.1997 Date of Filing : 12.02.2007
IN THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE:: ANAKAPALLE.
Present : Sri K.K.V.Buli Krishna
Additional Senior Civil Judge,
Anakapalle.
Dated: Thursday, this the 27th day of February, 2020.
L.A.O.P. No.23/2007
Between:
1. Rongali Demudu S/o late Pydithalli (died).
2. Rongali Yerrayamma, W/o late Demudu, Hindu, aged 70 years, R/at Thanam Village, Paravada Mandal, Visakhapatnam District.
3. Rongali Pydumnaidu W/o late Demudu, Hindu, aged 47 years, R/at Thanam Village, Paravada Mandal, Visakhapatnam District. … Claimants.
Vs.
Land Acquisition Officer and Spl. Dy. Collector (L.A), APIIC, Visakhapatnam. …Referring Officer.
(2nd and 3rd Claimants impleaded as per orders of this Court in I.A.No.235/2019 dt.21112019.)
This is a Reference filed u/Sec.18 of Land Acquisition Act, 1894 by the
L.A officer cum Special Dy. Collector (L.A), APIIC, Visakhapatnam on the protest made by the deceased Claimant by name Rongali Demudu, whose L.Rs. impleaded
as 2nd and 3rd Claimants as per orders of this Court in I.A.No.235/2019 dt.2111
2019 and whose Wet land an extent of Ac.0.28 cents i.e., Wet land an extent of
Ac.015 cents in S.No.38/9, Ac.0.03 cents in S.No.38, Ac.0.10 cents in S.No.47. Dry land in an extent of 0.23 cents in S.No.31/3 is situated in Thanam Village of
Parawada Mandal which was occurred by the Government under Award No.12/95,
dated 16091995.
This case coming before me on 19.02.2020 for final hearing in the presence of Sri M.Pydiraju, Advocate for the Claimant and Sri R.Govindaraju,
Advocate for the Referring Officer, having heard on both sides, having perused the
LAOP .No.20/2007 ASCJC/AKP Page No. 45 ASCJC/AKP Dt. 25-06-2020.
material papers and having stood over for consideration till this day, this Court doth order and:
D E C R E E
1. The market value is fixed at Rs.130,000/ per acre for the Wet land an extent of Ac.0.28 cents i.e., Wet land an extent of Ac.015 cents in S.No.38/9, Ac.0.03 cents in S.No.45/38 Ac.0.10 cents in S.No.45/47. The market value is fixed at Rs.1,20,000/ per acre for the Dry land in an extent of 0.23 cents in S.No.31/3 is situated in Thanam Village of Parawada Mandal which was occurred by the Government under Award No.12/95, dated 16091995.;
2. The Claimants are entitled to the Additional Market Value payable under Sec.23(1A) of the Land Acquisition Act at 12% p.a on the market value determined under Sec.23 (1) of the Act from the date of publication of the Draft Notification under Sec.4 (1) of the Act to the date of Award.;
3. The Claimants are entitled to the payment of Solatium at 30% under Sec.23 (2) of the Act on the enhanced market value determined under Sec.23(2) of the Act in consideration of the compulsory nature of acquisition;
4. The Claimants are entitled to payment of interest under Sec.34 of the Act on the enhanced compensation at 9% p.a for one year and at 15% p.a, thereafter from the date of taking possession of the lands which is also the date of passing of the award till the amount is paid or deposited into Court;
5. The compensation already received by the deceased Claimant by name Rongali Demudu including his L.Rs i.e., 2nd & 3rd Claimants shall be deducted from the enhanced compensation payable under this Order;
6. that there be no order as to costs.
Given under my hand and seal of this court, this the 26th day of February, 2020.
Addl. Senior Civil Judge, Anakapalle.
Memorandum of Costs
No costs memo is filed on either side.
Addl. Senior Civil Judge, Anakapalle.
LAOP .No.20/2007 ASCJC/AKP Page No. 46 ASCJC/AKP Dt. 25-06-2020.
LAOP .No.12/2007 ASCJC/AKP Page No. 1 ASCJC/AKP Dt. 26-06-2020.
IN THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE:: ANAKAPALLE.
Present : Sri K.K.V.Buli Krishna
Additional Senior Civil Judge,
Anakapalle.
Dated: Friday, this the 26th day of June, 2020.
L.A.O.P. No.12/2007
Between:
1. Rongali Appanna (died) @ Kullodu.
2. Rongali Demudamma W/o late Appanna, Age:70 years, Hindu, R/at H.No.31, Thanam Village, Paravada Mandal, Visakhapatnam District.
3. Varri Demudamma W/o Sanyasirao, age 41 years, Hindu, R/at H.No.177, Thanam Village,
Paravada Mandal, Viskhapatnam District.
… Petitioners.
Vs.
Special Deputy Collector (LA) APIIC, Visakhapatnam …Referring Officer.
(2nd and 3rd Claimants impleaded as per orders of this Court in I.A.No.232/2019 dt.16092019.)
This case coming before me on 19.06.2020 for final hearing in the presence of Sri M.Pydiraju, Advocate for the Claimant and Sri R.Govindaraju,
Advocate for the Referring Officer, having heard on both sides through blue jeans app video conference having perused the material papers and having stood over for consideration till this day, this Court made the following:
O R D E R
This is a Reference filed u/Sec.18 of Land Acquisition Act, 1894 by the L.A officer cum Special Dy. Collector (L.A), APIIC, Visakhapatnam on the protest made by the deceased Claimant by name Rongali Appanna, whose L.Rs.
impleaded as 2nd and 3rd Claimants as per orders of this Court in I.A.No.232/2019 dt.16092019 and whose Wet land an extent of Ac.0.55 cents i.e., Wet land an
LAOP .No.12/2007 ASCJC/AKP Page No. 2 ASCJC/AKP Dt. 26-06-2020.
extent of Ac.055 cents in S.No.42/3, 45/12, 45/30, 45/32, 45/39, 45/45
situated in Thanam Village of Parawada Mandal which was occurred by the
Government under Award No.12/95, dated 16091995.
2.Brief narration of facts led to the present this Reference : “The APIIC Limited, Hyderabad has sent a requisition for the acquisition of the lands for an extent of Ac.134.74 cents in Thanam village of Parawada Mandal for establishment of ancillaries to Petro
Chemical Complex upon which the requisitioned land was split up into four (4) Blocks for the sake of convenience in processing the land acquisition proceedings and that the Thanam village was a Ryothwari village and the lands in the said village are classified as Dry, Wet and
Manvari Lands. The Special Dy. Collector being the Land Acquisition
Officer, at the time of processing the proposals, for acquisition of
land in Thanam Village in respect of Block No..IV of Thanam
Village under present Award compromising the Survey No. 31, 33,
38, 39, 40, 41, 42, 44 and 45 in an extent of Ac.26.21 cents,
issued 4(1) Notification invoking emergency provisions under Sec.17(4) of the Land Acquisition Act and the Draft Notification u/Sec.4(1) of
Land Acquisition Act was approved vide proceedings of Addl.
Commissioner of Industries and Special Officer (L.A), Steel Plant,
Visakhapatnam bearing No. RC 348/93, RI – III, Dt.08111993 which was published in A.P Gazette extraordinary Issue No.34/93 dated 05 121993 and the substance of the 4(1) Notification which was published in the locality on 15121993 in two Regional Telugu News
Papers i.e., Andhra Bhoomi and Eenaadu on 10011994.
The Land Acquisition Officer, after survey and sub division made by the Special Surveyor apart from prescrutinizing the sub division records by the Deputy Inspector of Survey, Task Force,
Visakhapatnam and after arriving the arrears in Sub Division records,
Draft Declaration u/Sec.6 of Land Acquisition Act was proved by the
Collector, Visakhapatnam vide proceedings No. R. Dis. No.348/93, R
IIII dated 10051994 which was published in extraordinary issue of
A.P Gazette No.17/1994 dated 21051994 and the substance of Draft
Declaration u/Sec.6 published in two Regional Telugu News Papers
LAOP .No.12/2007 ASCJC/AKP Page No. 3 ASCJC/AKP Dt. 26-06-2020.
i.e., Eenaadu and Andhra Jyothi on 04061994 and the substance of
Draft Declaration u/Sec.6 published in the locality as per rules on 20 061994.
During the course of preparation of Preliminary Valuation after 4(1) notification of Land Acquisition Act for acquisition of lands in
Thanam village and after publishing the same in news papers, the
Land Acquisition Officer secured sale transactions took place in
the village during the crucial period of three years preceding the
date of 4(1) notification i.e., from 01091990 to 16111993 from
Sub Registrar’s Office, Sabbavaram and collected 50 sale
transactions during the crucial period and after considering the location of land proposed to be acquired, raising up major crops in dry lands like Casurina, Bajra, Seesamum, Ragi, Chili and other
Vegetables and cultivating paddy in wet lands as well as land in
Thanam are more fertile lands than Ponnuru Agraharam village as well as avocation of ryoths to supply milk to Visakhapatnam, the
Land Acquisition Officer after analysing the sale transactions which have to be taken into consideration and those transactions were discarded as they are small bits and does not reflect true market value and basing on the Award passed for the acquisition of lands in
Ponnuru Agraharam Village in an extent of Ac.45.83 cents vide
Award No.8/1995 dated 23061995 which was taken into
consideration to fix the market value for the acquisition of lands
i.e., by fixing the market value of Rs.87,000/ per acre for dry
land and Rs.94,250 per acre for Wet And Manvari Lands and
accordingly passed Award No.12/95 dated 16091995 by fixing
compensation as above and that the deceased Claimant by name
Pyla Adilakshmi, after receiving compensation under protest against the above said market value determined by the Land Acquisition
Officer, requested to refer application to the Reference Court u/Sec.18 of Land Acquisition Act. Hence, the present Reference was made by the Land Acquisition Officer.”
3. After referring the case to the Reference Court and after the death of original Claimant by name Rongali Appanna, whose L.Rs. impleaded
LAOP .No.12/2007 ASCJC/AKP Page No. 4 ASCJC/AKP Dt. 26-06-2020.
as 2nd and 3rd Claimants as per orders of this Court in I.A.No.232/2019
dt.16092019.
The 2nd Claimant filed Claim Statement with the following brief averments : “The Award passed by the Land Acquisition Officer is contrary to law, weight of evidence and probabilities of the case and he did not provide opportunity to the deceased Claimant to prove actual value of the acquired land and the Land Acquisition Officer has not taken into consideration of potential value as building site and the neighboiuring villages i.e., Venkatapuram, Ponnuru Agraharam, Tadi, Parawada,
Barnikam, Edulapaka Bonangi are suitable for purposes of industries and residential sites and that the Land Acquisition Officer fixed the market value which is too low considering the sale transactions between the interested parties which shows the arbitrariness in passing the Award.
It is also alleged by the 2nd and 3rd Claimants that the Land
Acquisition Officer has not followed the prescribed procedure and rules laid down in Land Acquisition Act and passed the Award with whims and fancies and when the deceased claimant appeared before the Land Acquisition Officer to give statement for the notice u/Sec.9(3) and 10(1) of Land Acquisition Act, he disclosed that the present value of lands in the village is at par with the acquired lands situated almost adjoining to Parawada village and location of Steel
Plant Town Ship near to the acquired lands and that at the time of acquisition of lands, the neighbouring villagers being purchased house sites @ Rs.100 to 200/ per Sq. Yards which comes to
Rs.5,000/ to Rs.8,000/ per cent and that the Government also declared the lands in Thanam Village of Parawada Mandal and the lands in vicinity of Lankelapalem Junction, Anakapalle,
Visakhapatnam Steel Plant, Simhadri Dharmal Power Project in
Parawada Mandal as Industrial Development Area as there is a vast and fast development as well as for house sites which resulted in good demand for higher cost.
The present Thanam village is an important and vast development area as it is very nearer and in between Visakhapatnam
LAOP .No.12/2007 ASCJC/AKP Page No. 5 ASCJC/AKP Dt. 26-06-2020.
and Anakapalle which are urbanized areas and there are no lands in
Anakapalle and Visakhapatnam which are available for house sites as well as industrial purposes and moreover VUDA plots are also situated nearer to Edulapaka Bonangi Village and the village
Thanam having more fertile lands than the surrounding villages
wherein the villagers are raising and cultivating crops like Paddy,
Vegetables, Ragi, Chilli, Casurina and other Commercial Crops
apart from having irrigation facilities and thereby getting annual
income of Rs.15,000/ per acre.
It is also alleged that the Land Acquisition Officer has not taking into consideration of the proximity of acquired lands, to the residential, commercial, industrial, educational, agricultural or medical institutions apart from existing amenities like water, electricity and drainage and if the sale transactions are not available in the crucial period for the acquired land, the sale transactions of neighbouring village can be taken into consideration and in view of
Amended Land Acquisition Act, the Claimant is entitled for compensation including benefits available under Amended Act and the calculation and valuation of the trees and structures in the acquired land is not correct and reasonable and hence prayed to enhance the market value of the acquired land at Rs.8,00,000/ per acre including the benefits under Amended Act.” 3rd claimant adopted the statement of 4th claimant.
4.During the course of enquiry, on behalf of Claimants P.W.1 examined and Ex.P.1 to Ex.P.11 marked subject to objection by learned Assistant Government
Pleader and on behalf of Referring Officer R.W.1 examined and Attested Copy of
Award No.12/95, dated 16091995 marked as Ex.R.1.
5.Heard both sides.
6.The learned counsel for the Claimants argued by drawing the attention of this Reference Court to the contents of Award, Claim Statement as well as objections and the acquired lands in Thanam village are more potential and fertile lands when compared to surrounding villages in which land acquisition has took
LAOP .No.12/2007 ASCJC/AKP Page No. 6 ASCJC/AKP Dt. 26-06-2020.
place and the market value was determined by the Land Acquisition Officer as
Rs.87,000/ per acre for dry land and Rs.94,250/ per acre for wet land and so the market value ought to have raised by the then Land Acquisition Officer at the time of fixing market value and the Land Acquisition Officer clearly observed in the
Award that the Thanam village is more fertile and potential than the surrounding villages i.e., Ponnuru Agraharam, etc., and on viewing in any angle the market value ought to have increased by the then Land Acquisition Officer and hence prayed to order for enhancement of compensation awarded by the Land Acquisition Officer along with statutory benefits and apart from oral submissions quoted citations i.e., 1998 (1) LACC 61, 1985 Delhi 298, AIR 1986 Delhi 140, AIR 2001 SC 1117, 2003 (6) ALD 686 (DB) and AIR 2001 SC 3516.
7.Whereas on the other hand, the learned Assistant Government Pleader argued that the documents relied on by the Claimants in respect of small extents which cannot be applied to enhance compensation rightly determined by the Land
Acquisition Officer and hence prayed to dismiss this Land Acquisition Original
Petition.
8.Now the point for consideration is :
“1. Whether the market value fixed by the Land Acquisition Officer is proper or not ?
2. Whether the Claimant are entitled for any enhancing of market value fixed by the Land Acquisition Officer or not ?”
9.Point No.1 and No.2 :
At the outset it could be said that there are some undisputed facts in the Claimant’s allegations which are acquisition of lands of Claimants, with the admitted extent of land, by the Government under Award No.12/95, dated 1609 1995 as well as entitlement of compensation by the Claimants and receipt of compensation amount under “Protest” by the deceased Claimant but the only contention of the Claimants are that the Land Acquisition Officer has not awarded
LAOP .No.12/2007 ASCJC/AKP Page No. 7 ASCJC/AKP Dt. 26-06-2020.
acceptable compensation which is not according to comparable sale prices and
not considered some factors like raising of commercial crops like Chillies and
Vegetables apart from having sufficient income from the acquired lands and also not considered about potentiality of the acquired lands by comparing the potentiality of surrounding lands in a nearby villages and that the Land
Acquisition Officer has to determine the compensation basing on square yards
basis but not on acres basis as because the surrounding area is covered with
Industries, Petro Chemical Projects and proximity of the acquired lands near
to the developed areas and there is considerable price of acquired lands as on the date of acquisition which was not taken into consideration and the above
said facts are not admitting by the Referring Officer and on the other hand
defending the same as not correct.
10. There are certain above undisputed facts as such this court would not like to touch on those points. The Claimants and Land Acquisition Officer
disputing with each other in respect of market value, potentiality, proximity
of the acquired lands near to developed areas which alleged to be lacking
consideration of various facts of potentiality, price of acquired lands prevailing
as on the date of acquisition on which aspects have to the focused the
evidence and nothing else.
11.This court perused the Claim Statement and chief examination affidavit of one of the Claimants which reveals some new facts introduced in the
evidence and some were omitted when compared those contents with that of
reasons of Claimant which was the subject of reference under Sec.18 of the
Land Acquisition Act. Taking in view of this angle this court inclined to narrate
LAOP .No.12/2007 ASCJC/AKP Page No. 8 ASCJC/AKP Dt. 26-06-2020.
brief original pleadings which have taken in Claim Statement for sake of convenience and to avoid lengthy judgment.
12.The 2nd Claimant, to substantiate their version to get enhanced compensation, examined himself as P.W.1 who in his chief examination by way of affidavit as usual reiterated the important contents of claim statement which brief facts this court already discussed in the above paras as such again not inclined to narrate the same in order to avoid repeatance of allegations and apart from that
narrated that the then Land Acquisition Officer even though recognized the
potentiality and nature of Thanam village and elaborate discussion in the
Award but not considered in fixing reasonable compensation and the Land
Acquisition Officer has not taken into consideration of prospective improvements in and around the acquired land for the development of house sites and colonies and there are several Educational Institutions with Residential Hostels, Government
Offices, Railway Stations i.e., Tadi and Duvvada, other allied industries for Steel
Plant and that some of the lands in Thanam village and neighbouring village i.e.,
Edulapaka Bonangi which are situated in the distance of 1 K.M from Parawada which is a Mandal Head Quarters were already purchased by the Real Estate people for the purpose of laying house plots for construction of colonies as a Satellite
Township and apart from that stated that the then Land Acquisition Officer
acquired lands in Edulapaka Bonangi village by paying compensation @
Rs.2,06,000/ per acre for dry land and Rs.2,23,000/ per acre for wet land in
the year 1996 under Award No.4/96 and also the said Land Acquisition Officer
acquired lands in Tadi village for which compensation was paid at
Rs.2,09,000/ per acre for dry land and Rs.2,17,700/ per acre for wet land
under Award No.18/96andsome other lands acquired in Revada,
Cheepurupalli, Kalapaka and Swayambuvaram Villages of Parawada Mandal for
LAOP .No.12/2007 ASCJC/AKP Page No. 9 ASCJC/AKP Dt. 26-06-2020.
establishment of N.T.P.C by paying compensation at Rs.2,25,000/ per acre
under Award No.1/98 and also stated that the deceased Claimant used to get
income of rupees nearly 40,000/ per acre by raising commercial crops i.e.,
chillis and vegetables and the lands are very fertile, potential, having
abundant water sources even for agriculture and the Land Acquisition Officer
also acquired lands in Thanam Village under four blocks by passing separate
Awards i.e., Award No.10/1995 to 13/1995 by awarding compensation to the
lands including the present award and that the cases referred u/Sec.18 to the
Reference Court in Award No.10 to 13/1995 were disposed off on merits in the
year 2005 by enhancing market value along with statutory benefits and apart from that marked Xerox Copy of Certified Copy of Decree and Order in L.A.O.P
No.33/1998 relating to Award No.12/95, dated 06062005, Award No.4/96, 18/96 and 10/98 relating to acquisition of lands in Edulapaka Bonangi Village,
Tadi Village and Cheepurupalli Village dated 24061996, 27031997 and 2912
1998 respectively, Xerox Copy of Registration Extract of Sale Deed dated 03
111993, 06121995 executed in favour of Gorli Chinababu and Rayudu
Apparao in respect of lands in Thanam Village, Xerox Copy of Certified Copy of
Lay Out Map of Ganesh Nagar in Edupaka Bonangi Village, Xerox Copy of
Registration Extract of Sale Deed dated 24101989 and 30011990 in favour
of P. Leela Srinivasa Rao, S.P. Pratap, Xerox Copy of Certified Copy of
Registration Extract of Sale Deed dated 31031990 and 04051991 in favour
of Neelapu Ramakrishna and Gudala Laxmi Jhansibai in respect of lands in
Edulupaka Bonangi village and finally another Xerox Copy of Certified Copy of
Decree and Order in L.A.O.P.No.19/2007 relating to Award No.12/95 dated.30
042018 as Ex.P.1 to Ex.P.11 and also stated that the Reference Court taken
into consideration of Sale Deed dated 06121995 for an extent of land Ac.0.08
LAOP .No.12/2007 ASCJC/AKP Page No. 10 ASCJC/AKP Dt. 26-06-2020.
cents in S.No.65/3 of Thanam village executed in favour of Rayapura Apparao
by one Adduru Chinnodu in passing award in Award No.10/95 to 13/95 and the
recommendations of negotiations committee have also taken into
consideration by the Reference Court at the time of passing Award and in the
above said awards the Reference Court has fixed compensation at
Rs.1,00,000/ per acre for dry lands and Rs.1,05,000/ per acre for wet land
with all benefits etc.,
13.This Court would like to discuss the chief examination of Referring
Officer at this relevant point of time in order to compare and discuss the cross examination of both witnesses i.e., P.W.1 and Referring Officer as R.W.1 wherever necessary to touch them.
14. The Referring Officer also given some other aspects than pleadings in
Objections but this Court found that those are relevant and necessary for resolution of correct market value as well as awarding compensation between the Claimant and Government.
15.The Referring Officer, to substantiate its version, examined the Special
Deputy Collector (LA), APIIC, Visakhapatnam examined as R.W.1 who in his chief examination by way of affidavit stated that the main objects of Corporation among others as to acquire lands and to develop lands with infrastructure facility into industrial area to allot plots in the industrial area to Enterpreneurs for industrial purpose and the Corporation works for development of public purpose of industrialization of Andhra Pradesh and that the Corporation, after considering various location of lands situated in and around Visakhapatnam and sending proposal for acquisition of lands to an extent of Ac.2621 cents in Thanam of
Parawada Mandal for purpose of establishment of Petrochemical Complex and the lands in Thanam divided into 4 Blocks for convenience sake and the lands covered under the present LAOP falling under Block No.4 relating to an extent of Ac.26
LAOP .No.12/2007 ASCJC/AKP Page No. 11 ASCJC/AKP Dt. 26-06-2020.
21 cents and the Land Acquisition Officer issued Sec.4(1) Notification on 10 011994 and passed an Award No.12/95 dt.16091995 under due procedure laid down in Land Acquisition Act.
16.R.W.1 in his chief examination stated that the then the Land
Acquisition Officer, after taking into consideration of potentiality, market value and location of lands and after collecting Sales Statistics with “Crucial Period”, passed the above Award giving full details as to assessment of market value i.e., how he arrived the true and correct market value in between willing purchaser and willing buyer and that the Land Acquisition Officer i.e., Spl. Deputy Collector
(LA) at the time of fixing compensation relied on sale transaction dt.1406
1991 which is in respect of Dry Land relating to land an extent of Ac.025 cents in S.No.72/3 which value is Rs.79,600/ per acre and accordingly fixed compensation at Rs.87,000/ per acre for Dry Lands and Rs.94,250/ per acre for Wet lands.
17. This court would like to discuss those evidence in cross
examination of P.W.1 and R.W.1 in order to ascertain the potentiality of
acquired lands, its proximity to nearest developed areas, raising crops in the
lands in acquisition for the purpose of income deriving on acquired lands
which is relevant and essential to answer the points framed for consideration
to come to conclusion whether the request of Claimant has to be considered to
enhance the compensation awarded by the then Land Acquisition Officer or
not.
18. P.W.1 deposed that the Land Acquisition Officer acquired the land in an extent of Ac.063 Cents in the present Award No.12/95 dt. 16091995 and the acquired land situated in Thanam Village and that Lemarthi Agraharam, Ponnuru
LAOP .No.12/2007 ASCJC/AKP Page No. 12 ASCJC/AKP Dt. 26-06-2020.
Agraharam and Jagannadhapuram are the neighbouring villages of Thanam
village and that Ex.P.5 to Ex.P.11 are the documents relating to the year 1993,
1995, 1989, 1990, 1990 and 1991. The Reffering Officer as RW.1 in his cross
examination deposed that the Thanam Village is situated adjacent to
Parawada, Lemarthi Agraharam, Ponnuru Agraharam, Tadi, Bharanikam and
Edulapaka Bonangi. R.W.1 deposed that Ponnuru Agraharam, Parawada,
E.Bonangi and Thanam villages are situated side by side. R.W.1 voluntarily stated that Steel Plant acquired the lands upto Pinamadaka which is at a distance of 3 K.M from Thanam Village.
19.R.W.1 deposed that after Notification under Sec.4(1) of Land
Acquisition Act only they informed about acquisition of lands to the
cultivators and that they have to determine compensation under Sec.23 of
Land Acquisition Act and the Crucial Period is three (3) years prior to Sec.4(1)
of Notification and they have to ascertain the total Sale transactions taken
place in a particulars village from concerned Sub Registrar Department i.e.,
Sub Registrar Office. R.W.1 deposed that as per Award i.e., Ex.R.1 they have
collected total 50 sale transactions during crucial period.
20. R.W.1 deposed that the lands covered under Ex.P.5 and Ex.P.6 are relating to Thanam Village and admitted the fact stating that the Principal and
Additional Senior Civil Judge’s Courts, Anakapalle being the Reference Courts
arrived and fixed the enhanced compensation, in Award No. 10/95 to 13/95,
basing on Sale Deed dt.06121995 marked as Ex.P6. R.W.1 also admitted the
fact stating that as per Ex.P.5 the Reference Court also considered the sale
transactions relating to the neighbouring village i.e., Edulapaka Bonangi
Village. R.W.1 admitted stating that Ex.P.2 is the Consent Award, passed by
LAOP .No.12/2007 ASCJC/AKP Page No. 13 ASCJC/AKP Dt. 26-06-2020.
the then Land Acquisition Officer, in Award No.4/96 dt.24021996 which
document was considered by Reference Court in Ex.P.1. R.W.1 also admitted stating that Principal Senior Civil Judge’s Court, Anakapalle referred the
G.O.Ms.No.1050 Revenue (LA) Department in para 19 in Ex.P.1 and Ex.P.12 while enhancing the compensation amount and as per the above said G.O. the
Government has formed the Negotiation Committee which Committee passed
Consent Award.
21. Now let us discuss about the above said documents i.e., Ex.P.5 and
Ex.P.6 what they contain and what is the market value of lands covered under them as on which date.
22. The Claimants filed Xerox Copy of Registration Extract of
Registered Sale Deed dt.03111993 marked as Ex.P.5 which would disclosed
that it is a Registered Sale Deed executed in favour of Gorle China Babu and
Vennela Appadu by one Cheepurupalli Mahalakshmi in respect of land in
S.No.47/16 an extent Ac.006 cents = 230.4 Square Yards situated in Thanam
Village for Sale Consideration of Rs.6,000/ and which works out to
Rs.1,00,000/ per acre. The Claimant also filed Xerox Copy of Registration
Extract of Registered Sale Deed dt.06121995 marked as Ex.P.6 which would disclosed that it is a Registered Sale Deed executed in favour of Rayudu Apparao
by one Adduru Chinnodu and others in respect of land in S.No.65/3 an extent
Ac.078 cents = 387.2 Square Yards situated in Thanam Village for Sale
Consideration of Rs.11,700/ and which works out to Rs.1,45,200/ per acre.
23.The Claimants filed Xerox Copy of Registration Extract of
Registered Sale Deed dt.24101989 marked as Ex.P.7 which would disclosed
that it is a Registered Sale Deed executed in favour of Kapunukollu Leela
Srinivasarao by one Boddapu Kasulu and others in respect of land in
LAOP .No.12/2007 ASCJC/AKP Page No. 14 ASCJC/AKP Dt. 26-06-2020.
S.No.152/1037, 153/109, 154/1021, 155, 156/1028 and 157/2017 an extent
266.66 Square Yards situated in “Ganesh Nagar Layout” in Edulapaka Bonangi
Village for Sale Consideration of Rs.27,000/ and which works out to
Rs.4,90,000/ per acre.
24.The Claimants filed Xerox Copy of Registration Extract of
Registered Sale Deed dt.30011990 marked as Ex.P.8 which would disclosed
that it is a Registered Sale Deed executed in favour of Dr.Sajjavara Pratap by
one Suryadevera Ramakrishna and others in respect of land in S.No.121/10 an
extent Ac.050 cents out of Ac.178 cents situated in Edulapaka Bonangi
Village for Sale Consideration of Rs.75,000/ and which works out to
Rs.1,50,000/ per acre.
25.The Claimants filed Xerox Copy of Certified Copy of Registration
Extract of Registered Sale Deed dt.31031990 marked as Ex.P.7 which would
disclosed that it is a Registered Sale Deed executed in favour of Neelapu
Ramanababu by one Vechalapu Simhachalamma in respect of land in
S.No.267/3 an extent Ac.024 cents situated in Edulapaka Bonangi Village for
Sale Consideration of Rs.41,050/ and which works out to Rs.1,71,000/ per
acre.
26.The Claimants filed Xerox Copy of Certified Copy of Registration
Extract of Registered Sale Deed dt.04051991 marked as Ex.P.10 which would
disclosed that it is a Registered Sale Deed executed in favour of Gudala
Lakshmi Jhansi Bai by one Gorle Naidu in respect of land in S.No.198/4 an
extent Ac.016 cents situated in Edulapaka Bonangi Village for Sale
Consideration of Rs.31,200/ and which works out to Rs.1,95,000/ per acre.
LAOP .No.12/2007 ASCJC/AKP Page No. 15 ASCJC/AKP Dt. 26-06-2020.
27.Now let us have a glance into the contents of Award No.5/2006 dt.16
091995 marked as Ex.R.1 in order to ascertain on basis of which document
(Sale Deed or any previous Award) the Award in the present Land Acquisition
Original Petition (LAOP) was passed and in order to ascertain whether any
enhancement of compensation is required to be allowed or not. The discussion
of Award i.e., Ex.R.1 is just and essential for the above purpose.
28.As seen from in Page No.4 of Award marked as Ex.R.1 it discloses that
the then Land Acquisition Officer obtained 50 registered sale statistics from
Sub Registrar’s Office of Sabbavaram out of which 7 Sales are within the lands
under acquisition, 2 Sales are nearest to acquisition lands and the remaining
sale transactions are far away from acquired lands. As seen from the same Page
No.4 it is disclosed that the Sale Transactions No.1, 2, 4 to 12, 15, 17 to 22, 24
to 26, 28 to 34, 38 to 41, 43 to 50 are relating to the lands far away from the
lands under acquisition which are not reflecting true market value as such
they were not taken into consideration by the then LAO. As seen from the same
Page No.4 it also reveals that even though the lands under Sale Transactions
No.3, 16, 27, 35 to 37 and 42 are within the acquired lands, the extents of
lands are very meagre which do not reflect true market value of the lands
under acquisition as such the then Land Acquisition Officer not taken into consideration of those Sale transactions.
29.As seen from the same Page No.4 it is disclosed that the Sale
Transaction in respect of item No. 23 relating to the dry land an extent of Ac.0
25 cents in S.No.72/3 situated in Thanam Village (Thanam Village lands under
acquisition) is a Registered Statistics obtained from Sub Registrar’s Office,
Sabbavaram taken place on 14061991 for sale consideration of Rs.19,900/
LAOP .No.12/2007 ASCJC/AKP Page No. 16 ASCJC/AKP Dt. 26-06-2020.
which works out to Rs.79,600/ per acre and which land is a little bit away from the lands under acquisition and that Sale transactions in item No.13 and 14
relating to the lands an extent of Ac.007 cents and Ac.005½ cents) which
alleged to be small extents and which cannot reflect true market value as such those Sale transactions were discarded by the then Land Acquisition Officer.
30.As seen from Page No.5 of same Ex.R.1 it reveals that recently the
Collector of Visakhapatnam fixed, the market value of the acquired lands an
extent of Ac.4583 cents in Ponnuru Agraharam Village, as Rs.87,000/ per
acre for dry land and Rs.94,250/ per acre for wet land by passing Award
No.8/95 dt.23061995 and that since the Ponnuru Agraharam Village is
situated towards Northern side of Thanam Village and the lands in Thanam are
more fertile than those lands in Ponnuru Agraharam Village and that the Sale
transaction of Thanam Village reflects nearest to the market value to that of
Ponnuru Agraharam Village and in view of on coming projects (several) in and
around Thanam Village and to meet the ends of justice as such the then Land
Acquisition Officer has fixed the market value of acquired lands in Thanam
Village as Rs.87,000/ per acre for dry land and Rs.94,250/ per acre for wet
land apart from 30% Solatium and 12% Additional Market Value along with
other benefits as per Land Acquisition Act.
31. This Court would also like to draw a table in respect of particulars of land value ascertained by the Land Acquisition Officer and on which basis he arrived the market value of the acquired lands:
Total extent of Name ofMarket valueMarket value of Sl.Ex.Date ofacquired land andVillage ofof Dry land Wet land fixed by No.No.AwardAwardfixed by LAO LAO per acre
Survey Number of acquired lands
No. acquired Lands & Block No. per acre
LAOP .No.12/2007 ASCJC/AKP Page No. 17 ASCJC/AKP Dt. 26-06-2020.
Ac.4583 cents and
S.No.31, 33, 38 to 42, Tanam & IV
1.R.1
230695 8/95 44 and 45 Block Rs.87,000/ Rs.94,250/
32. This Court drawn the following table for particulars of the documents
i.e., Sale transaction relied on by Claimant for determination of compensation
by this Reference Court as on the date of acquisition for the sake of
convenience and easy reference:
SL.Ex.Date ofVendor/Vendee/Village ofS.NoArea inMarketRate as per Acre No.No.SaleSellerPurchaserlandSq.Yd/Value of DeedCentsland/ Ac.centvacant site Ch.MahaGorle ChinaTanam
031193 6,000
1.P.5lakshmi &Babu &47/ 006 1,00,000/ Ors.Anr. 16 cents (1,000/ per cent)
2.P.661295AdduruRayuduTanam 65/ 078 11,700 1,45,200/ ChinnoduApparao3 cents (1,452/ per & Ors cent)
3.P.7241089B.KasuluP.LeelaEdulapaka 152 266.66 27,000 4,84,800/ & OrsSrinivasaBonangi Sq.Ya to (4,848/ per Raords 158 cent)
4.P.8300190S.RamaS.V.PratapDo121/ 050 75,000 1,50,000/ krishna &10 cents (1,500/per Ors. cent)
5.P.9310390 SimhaNeelapuDo267/ 024 41050 1,71,000/ chalammaRamakrish3 cents (1,710/ per na cent)
6.P.10040591GorleGudalaDo198/ 016 31,200 1,95,000/ NaiduLakshmi4 cents (1,950/) Jhansi Bai
33. As seen from the above discussion of contents of Award i.e., Ex.R.1
it is disclosed that the then Land Acquisition Officer not relied on any Sale
transaction available either within the vicinity of acquired Village or
neighbouring Villages but taken into consideration of Market Value fixed as
LAOP .No.12/2007 ASCJC/AKP Page No. 18 ASCJC/AKP Dt. 26-06-2020.
Rs.87,000/ per acre for dry land and Rs.94,250/ per acre for wet land by the
Collector of Visakhapatnam vide Award No.8/95 dt.23061995 in respect of
lands acquired in Ponnuru Agraharam Village and as seen from material
available on record there is no such copy of above Award No.8/95 dt.2306
1995 and the sale statistics, perused and discarded by LAO, filed before court
for perusal and to ascertain whether the observation made by the Land
Acquisition Officer in Ex.R.1 in fixing compensation is correct or not and
whether it has to be enhanced or not.
34. It is well settled that mere referring a sale transaction in the award
cannot be treated as evidence in the absence of filing the said sale deed and
that If the transactions are prior to the notification, the highest value
depicted in the sale deed shall be taken into consideration for awarding
compensation.
35.At this juncture this Court would like to rely on 1992 (2) ALT 423 (DB) = 1992 LawSuit (AP) 47 held in between Land Acquisition Officer, SubCollector
Vs. Hindustan Commercial and Transport Company (P) Limited wherein the
Hon’ble High Court of A.P. (D.B) observed in para 4 that:
“It is well settled that where salestatistics have been considered by the
Land Acquisition Officer and where those documents have not been
marked after reference in the civil court, those documents cannot be
taken into consideration and they have no evidentiary value. This view
has been affirmed in Land Acquisition Officer, Vijayawada Thermal
Station v. Nutalapati Venkata Rao, 1990 (3) ALT 305 = 1991 (1) APLJ 99
(F.B.). It is only the documents that were marked in the civil court, can
be taken into consideration and none else.”
The Hon’ble High Court of A.P observed in para 5 that:
“If the transactions are prior to the notification, the highest value depicted in the sale deed shall be taken into consideration for awarding compensation.”
LAOP .No.12/2007 ASCJC/AKP Page No. 19 ASCJC/AKP Dt. 26-06-2020.
36.As seen from the citation it could be said that whenever there are no such documentary evidence, placed before court and not marked after
Reference in the Civil Court, on which the Land Acquisition Officer relied to
determine the compensation for the acquired land to the land owners, those documents cannot be taken into consideration as they have no evidentiary value and that the documents, which were produced before Court and marked,
only to be taken into consideration and it is also clear that highest value in
the referred sale deeds shall be taken into consideration in determining
compensation. In the instant LAOP also no such document, relied on by the
Land Acquisition Officer i.e., Award No.8/95 dt.23061995 apart from 50 sale
statistics, filed before this Reference Court as well as not marked and even
there is no such particulars of 50 documents noted in Ex.R.1 and so this Court
has no hesitation to say that the above Award No.8/95 relied by the then Land
Acquisition Officer in determining compensation cannot be taken into
consideration to say that the Land Acquisition Officer has correctly arrived
the market value.
37. When it is so it is for the Reference Court to discuss whether the
Claimants are entitled to any enhancement of compensation as claimed in this OP or not and whether the Claimants have placed any acceptable documentary evidence to resolve the controversy between the parties to OP in answering whether the Claimants are entitled to any enhancement of compensation amount arrived by the Land Acquisition Officer or not and what is the highest value of land covered under documents relied to determine correct compensation .
38. This Court would like to discuss on the above aspect of documentary evidence placed by the Claimants in support of their claim at later point of time.
LAOP .No.12/2007 ASCJC/AKP Page No. 20 ASCJC/AKP Dt. 26-06-2020.
39. This Court would say that in the absence of any other method of fixation of market value the comparable sales from the neighbouring village can be considered as per many judicial precedents.
40. It is well settled that in the absence of acceptable documentary evidence from the Land Acquisition Officer before the Court the assessment of
market value of the acquired land can be ascertained by taking into
consideration of topography, potentiality and advantages attached to and
available to the lands situated adjacent or side by side to the acquired lands.
41. At this juncture this Court would like to rely on 2004 LawSuit (SC) 764 = 2004 (10) SCC 627 = 2004 AIR(SC) 4135 held in between OM PRAKASH
V/S UNION OF INDIA wherein the Hon’ble Apex Court observed in para 3 that:
“Villages Bhorgarh, Kureni and Mamurpur are located side by side and the lands situated in these villages were used for agricultural purposes or purposes subservient thereto.”
The Hon’ble Apex Court observed in para 7 that:
“The only question argued before us was the assessment of the market value of the acquired lands as on the date of the Notification under Section 4 of the
Act. No other issue was canvassed. The High Court has correctly found
that the topography, potentiality and advantages attached to and
available to the lands in the five adjoining villages, namely, Bhorgarh,
Kureni, Mamurpur, Narela and Tikri Khurd were almost the same on the
date when the Notification under Section 4 was issued.”
42. As seen from the above citation it is clear that the assessment of
market value of the acquired land can be ascertained by taking into
consideration of topography, potentiality and advantages attached to and
available to the lands situated adjacent or side by side to the acquired lands.
In the instant LAOP the Land Acquisition Officer based on the Award No.8/95
relating to acquisition of lands situated in Ponnuru Agraharam village while
LAOP .No.12/2007 ASCJC/AKP Page No. 21 ASCJC/AKP Dt. 26-06-2020.
determining compensation of acquired lands in Thanam Village as such it can
be looked into the above lands situated adjacent to acquired lands.
43. Now let us discuss the documentary evidence placed by the Claimants to ascertain whether the Claimants are entitled for enhancement of compensation determined by the Land Acquisition Officer or not as because this court in the above paras observed that the Referring Officer has not placed the document i.e., sale transaction or Award No.8/95 dy.23061995 relied on by him for compensation.
44. At this juncture this Court would like to rely on 2014 LawSuit(SC) 826 = 2015 AIR(SC) 453 = 2015 (2) SCC 160 held in between NIRMAL SINGH ETC Vs.
STATE OF HARYANA AND ORS wherein the Hon’ble Apex Court observed in para 11 that:
“With respect to the general principles that are to be followed for determining just and reasonable compensation to land owners for acquisition of their land, we refer to the case of Smt. Tribeni Devi and Ors. v. Collector of Ranchi, 1972 1 SCC 480; in support of the same, wherein this Court held that: "4. This Court had in Special Land Acquisition Officer, Bangalore v. T.
Adinarayan Setty, 1959 Supp1 SCR 404, indicated at page 412 the methods
of valuation to be adopted in ascertaining the market value of the land
on the date of the notification under Section 4(1) which are : (i) opinion
of experts, (ii) the price paid within a reasonable time in bona fide
transactions of purchase of the lands acquired or the lands adjacent to
the lands acquired and possessing similar advantages; and (iii) a number
of years purchase of the actual or immediately prospective profits of the
lands acquired. These methods, however, do not preclude the Court from
taking any other special circumstances into consideration, the
requirement being always to arrive as near as possible an estimate of the
market value. In arriving to a reasonably correct market value, it may be
necessary to take even two or all of those methods into account
LAOP .No.12/2007 ASCJC/AKP Page No. 22 ASCJC/AKP Dt. 26-06-2020.
inasmuch as the exact valuation is not always possible as no two lands
may be the same either in respect of the situation or the extent or the
potentially nor is it possible in all cases to have reliable material from
which that valuation can be accurately determined."
The Hon’ble Apex Court observed in Para 12 that :
“A perusal of the record shows that there is significant variation in the
consideration paid in the array of sale instances submitted by the
parties. Moreover the consideration paid for the sale instances produced
by the appellants are in relation to small pieces of land which are near
the acquired land. To consider these small pieces of land as the basis for
determining just compensation to be paid to the appellants for the
acquired land as urged by the learned counsel for the appellants, we refer
to the legal principles laid down by this Court after examining the
relevant provisions of the Act in catena of cases. In Special Land
Acquisition Officer and Anr. v. M.K. Rafiq Saheb, 2011 7 SCC 714 this Court held as under: "24. It may also be noticed that in the normal course of events, it is hardly possible for a claimant to produce sale instances of large tracks of land. The
sale of land containing large tracks are generally very far and few.
Normally, the sale instances would relate to small pieces of land. This
limitation of sale transaction cannot operate to the disadvantage of the
Claimant. Thus, the Court should look into sale instances of smaller
pieces of land while applying reasonable element of deduction."
To determine the rate of compensation to be paid for the acquired land
when the same is made on the basis of sale deeds with respect to smaller
pieces of land, we have to make deductions in order to keep provision for
the developmental expenses that the acquirer has to incur. The principle of deductions in the determination of the compensation based on the sale instances of smaller pieces of land was established in Smt. Basavva and Ors.
v. Special Land Acquisition, 1996 9 SCC 640 wherein this Court held thus: "3. .On the principle of deductions in the determination of the compensation, this Court in K. Vasundara Devi v. Revenue Divisional Officer, LAO, 1995
LAOP .No.12/2007 ASCJC/AKP Page No. 23 ASCJC/AKP Dt. 26-06-2020.
AIR(SC) 2481 has considered the entire case law and has held that the Court, in the first instance, has to consider whether sales relating to smaller pieces of lands are genuine and reliable and whether they are in respect of comparable lands. In the event the Court finds that such sales are genuine and reliable and the lands have comparable features, sufficient deduction should be made to arrive at the just and fair market value of large tracks of land. The time lag for real development and the waiting period for development are also relevant consideration for determination of just and adequate compensation. Each case depends upon its own facts. For deduction of development charges, the nature of the development, conditions and nature of the land, the land required to be set apart under the building rules for roads, sewerage, electricity, parks, water etc, and all other relevant circumstances involved are to be considered."
A similar opinion was held in Bhagwathula Samanna and others v. Special
Tahsildar and Land Acquisition Officer, Visakhapatnam Municipality, 1991 4
SCC 506 wherein this Court held as under: "7. . In fixing the market value of a large property on the basis of a sale transaction for smaller property, generally a deduction is given taking into consideration the expenses required for development of the larger tract to make smaller plots within that area in order to compare with the small plots dealt with under the sale transaction.
The Hon’ble Apex Court observed in para 13 that:
“The proposition that large area of land cannot possibly fetch a price at
the same rate at which small plots are sold is not absolute proposition
and in given circumstances it would be permissible to take into account
the price fetched by the small plots of land .."
The Hon’ble Apex Court observed in para 13 that:
”Further, this Court has discussed the basis on which deductions on the market value should be made for the development of land, keeping in mind various factors that influence it. In the case of Viluben Jhalejar Contractor v.
State of Gujarat, 2005 4 SCC 789 wherein this Court held thus: "20. The amount of compensation cannot be ascertained with
mathematical accuracy. A comparable instance has to be identified
LAOP .No.12/2007 ASCJC/AKP Page No. 24 ASCJC/AKP Dt. 26-06-2020.
having regard to the proximity from time angle as well as proximity from
situation angle. For determining the market value of the land under acquisition, suitable adjustment has to be made having regard to various positive and negative factors vis vis the land under acquisition by placing the two in juxtaposition. The positive and negative factors are as under:
Positive factors Negative factors
1.smallness of size largeness of area
2.proximity to a roadsituation in the interior at a distance from the road
3.frontage on a roadnarrow strip of land with very small frontage compared to depth
4.nearness to developed lower level requiring the depressed portion area to be filled up
5.regular shaperemoteness from developed locality
6.level visavis land some special disadvantageous factors under which would deter a purchaser acquisition
7.special value for an owner of an adjoining property to whom it may have some very special advantage
21. Whereas a smaller plot may be within the reach of many, a large
block of land will have to be developed preparing a layout plan, carving
out roads, leaving open spaces, plotting out smaller plots, waiting for
purchasers and the hazards of an entrepreneur. Such development
charges may range between 20% and 50% of the total price."
Thus, when it comes to deductions for development of land, it can sway back and forth and can only be determined after carefully considering factors such as size of land, nearness to developed area, etc. as discussed in the above case.”
The Hon’ble Apex Court observed in para 14 that:
”Keeping in mind the guidelines laid down by this Court in the catena of
cases referred to supra, we are of the opinion to determine just and
reasonable compensation for the acquired land on the basis of the sale
instances as submitted by the appellants by taking the average of the
LAOP .No.12/2007 ASCJC/AKP Page No. 25 ASCJC/AKP Dt. 26-06-2020.
sale considerations mentioned therein that are relevant to the date of
issue of Notification under Section 4 of the Act. However, the same is to
be determined keeping in mind that developmental costs are higher for
larger areas of land as compared to small portions of land. The rate of
compensation must be subject to deductions towards developmental
purpose that will have to be incurred by the respondent State.
The Hon’ble Apex Court observed in para 15 that:
“Sale instances in relation to small pieces of land situated near the
acquired land can be considered, subject to (i) reasonable deductions for
developmental costs that will be incurred in the future as per the cases
referred to and (ii) the evidence that these lands can be compared to the
acquired land in terms of its vicinity and the comparable benefits and
advantages.”
45. As seen from the above citation it is clearly revealed that the Court
should look into sale instances of smaller pieces of land while applying
reasonable element of deduction keeping in mind the guidelines laid down by
Hon’ble Apex Court in the catena of cases referred to supra, determination of
just and reasonable compensation for the acquired land has to be made on the
basis of the sale instances as submitted by the Claimants by taking the
average of the sale considerations mentioned therein which are relevant to the
date of issue of Notification under Section 4 of the Act and the same has to be
determined keeping in mind that developmental costs are higher for larger
areas of land as compared to small portions of land and as such the rate of
compensation must be subject to deductions towards developmental purpose
that will have to be incurred by the respondent State.
46.As already this Court discussed in the above paras about filing of
documents by the Claimants which are important and relevant to answer the
LAOP .No.12/2007 ASCJC/AKP Page No. 26 ASCJC/AKP Dt. 26-06-2020.
issue involved in this LAOP and which are the Xerox Copy of Registration
Extract of Registered Sale Deed dt.03111993 marked as Ex.P.5 which would
disclosed that it is a Registered Sale Deed executed in favour of Gorle China
Babu and Vennela Appadu by one Cheepurupalli Mahalakshmi in respect of
land in S.No.47/16 an extent Ac.006 cents = 230.4 Square Yards situated in
Thanam Village for Sale Consideration of Rs.6,000/ and which works out to
Rs.1,00,000/ per acre. The Claimants also filed Xerox Copy of Registration
Extract of Registered Sale Deed dt.06121995 marked as Ex.P.6 which would disclosed that it is a Registered Sale Deed executed in favour of Rayudu Apparao
by one Adduru Chinnodu and others in respect of land in S.No.65/3 an extent
Ac.078 cents = 387.2 Square Yards situated in Thanam Village for Sale
Consideration of Rs.11,700/ and which works out to Rs.1,45,200/ per acre.
The Claimants filed Xerox Copy of Layout Map of Ganesh Nagar of Edulapaka
Bonangi marked as Ex.P.7 not visible as such this Court has no possibility to discuss on this document.
47.The Claimants filed Xerox Copy of Registration Extract of
Registered Sale Deed dt.24101989 marked as Ex.P.8 which would disclosed
that it is a Registered Sale Deed executed in favour of Kapunukollu Leela
Srinivasarao by one Boddapu Kasulu and others in respect of land in
S.No.152/1037, 153/109, 154/1021, 155, 156/1028 and 157/2017 an extent
266.66 Square Yards situated in “Ganesh Nagar Layout” in Edulapaka Bonangi
Village for Sale Consideration of Rs.27,000/ and which works out to
Rs.4,90,000/ per acre.
48.The Claimants filed Xerox Copy of Registration Extract of
Registered Sale Deed dt.30011990 marked as Ex.P.9 which would disclosed
that it is a Registered Sale Deed executed in favour of Dr.Sajjavara Pratap by
LAOP .No.12/2007 ASCJC/AKP Page No. 27 ASCJC/AKP Dt. 26-06-2020.
one Suryadevera Ramakrishna and others in respect of land in S.No.121/10 an
extent Ac.050 cents out of Ac.178 cents situated in Edulapaka Bonangi
Village for Sale Consideration of Rs.75,000/ and which works out to
Rs.1,50,000/ per acre.
49.The Claimants filed Xerox Copy of Certified Copy of Registration
Extract of Registered Sale Deed dt.31031990 marked as Ex.P.9 which would
disclosed that it is a Registered Sale Deed executed in favour of Neelapu
Ramanababu by one Vechalapu Simhachalamma in respect of land in
S.No.267/3 an extent Ac.024 cents situated in Edulapaka Bonangi Village for
Sale Consideration of Rs.41,050/ and which works out to Rs.1,71,000/ per
acre.
50.The Claimants filed Xerox Copy of Certified Copy of Registration
Extract of Registered Sale Deed dt.04051991 marked as Ex.P.10 which would
disclosed that it is a Registered Sale Deed executed in favour of Gudala
Lakshmi Jhansi Bai by one Gorle Naidu in respect of land in S.No.198/4 an
extent Ac.016 cents situated in Edulapaka Bonangi Village for Sale
Consideration of Rs.31,200/ and which works out to Rs.1,95,000/ per acre.
51.Now let us discuss the evidence of parties to this LAOP in respect of location of neighbouring villages whether they are situated to the proximity to the acquired lands and as to their location in order to ascertain whether the above documents can be taken into consideration for enhancing the market value fixed by the then Land Acquisition Officer or not.
52.As already discussed in the above paras by this Court it is the cross
examination of the 2 nd Claimant as P.W.1 that one Lemarthy Agraharam,
LAOP .No.12/2007 ASCJC/AKP Page No. 28 ASCJC/AKP Dt. 26-06-2020.
Ponnuru Agraharam and Jagannadhapuram Villages are the neighbouring
Villages of Thanam Village (Village under present acquisition) which was not
denied by the learned Assistant Government Pleader. The learned Assistant
Government Pleader posed a suggestion to P.W.1 stating that the land value was fixed as per Sale Deeds relating to neighbouring lands of Thanam is the correct one for which he denied the same. In this aspect the present Referring Officer who examined as R.W.1 in his cross examination deposed that the Thanam Village is
situated adjacent to Parawada, Lemarthi Agraharam, Ponnuru Agraharam,
Thadi, Bharanikam and Edulapaka Bonangi and the Thanam Village is situated
at a distance of 4 K.M from Lankelapalem junction and that Thanam village is
situated near to National Highway in a distance of 3 K.M which is adjacent to
Lankelapalem junction and further R.W.1 deposed that the Villages of Ponnuru
Agraharam, Parawada, E.Bonangi and Thanam are situated side by side.
53.Now let us discuss what is the market value of the lands available to the
Claimants of which village i.e., whether the Sale transactions are available within the acquired Thanam Village and whether there are any other sale transactions nearby or neighbouring lands of Thanam Village or not.
54. This Court already discussed about some sale statistics i.e., Xerox Copy of Certified Copy of Registration Extracts i.e., Ex.P.5 to Ex.P.10 which brief contents were narrated in the above paras and this Court also drawn table relating to the above documents showing the date of transactions, vendor and vendee, rate of land in cents as well as square yards agreed to be purchased under documents.
55.The Referring Officer as R.W.1 in his cross examination deposed that the crucial period is three years prior to 4(1) Notification and they have to ascertain the total transactions taken place in a particular village from concerned
Sub Registrar Department and as per Award the then Land Acquisition Officer
LAOP .No.12/2007 ASCJC/AKP Page No. 29 ASCJC/AKP Dt. 26-06-2020.
has collected 50 sale transactions in a crucial period. As per Award i.e.,
Ex.R.1 the crucial period is from 01091990 to 16111993. As seen from table drawn by this Court in the above paras it is disclosed that the documents noted in
Sl.No.1 and 2 dt:03111993 and 06121995 relates to acquired Thanam Village,
Sl.No.3 dt.24101989, Sl.No.4 to 6 dt.30011990, 31031990 and 04051991.
As seen from Ex.R.1 in Page No.4 noted about one Sale transaction relating to
Thanam Village in respect of dry land an extent of Ac.025 cents in S.No.72/3 which was transacted for Rs.19,900/ which works out to Rs.79,600/ per acre which is a little bit away to the lands under acquisition as such it was discarded by the then
Land Acquisition Officer.
56. The then LAO has referred two Sale transactions for the year
1991 in respect of lands an extent of Ac.007 and Ac.005½ cents which were
discarded as they are small extents but he has not referred Ex.P.10 dt.0405
1991 sale transaction in respect of land an extent of Ac.016 cents of
Edulapaka Bonange for sale consideration of Rs.31,200/ which works out to
Rs.1,95,000/ per acre and as seen from Ex.R.1 the said Ex.P.10 not discussed by the LAO to say whether it is a bonafide transaction or not and whether the same can be taken into consideration in fixing market value of acquired land or not. This
Court would like to discuss about this document a bit latter as and when
necessary. The then Land Acquisition Officer also not taken into
consideration of Ex.P.5 which is a Sale transaction dt.03111993 in respect of
land situated in Thanam Village and there was no whisper about the said
Ex.P.5 and in which circumstances it is just and essential to take into
consideration of Ex.P.5 in ascertaining whether any enhancement of
compensation is necessary or not.
LAOP .No.12/2007 ASCJC/AKP Page No. 30 ASCJC/AKP Dt. 26-06-2020.
57.This Court perused the Certified Copies of Decree and Order in
LAOP.No.33/1998 and Batch cases as well as LAOP.No.19/2007 marked as
Ex.P.1 and Ex.P.11 and found that the then learned Senior Civil Judge of
Senior Civil Judge’s Court, Anakapalle discussed Ex.P.5 dt.06121995 even
though it relates to Post Notification Date and taken into consideration in
fixing/enhancing the compensation to Rs.1,00,000/ per acre for dry land and
Rs.1,05,000/ per acre for wet land. This Court would say that when the
Claimants have filed Sale transactions for crucial period relating to Thanam
village as well as neighbouring Village i.e., Edulapaka Bonangi relating to
crucial period as well as a few months prior to 4(1) Notification i.e., crucial
period which documents were not collected and discussed by the then LAO to
say (even though it is a sale transaction prior to 4(1) Notification and its value
is within a reasonable price as such it could be safe to rely on this document)
whether those documents can be taken into consideration or not in fixing
Compensation at the initial stage of passing Award, this Court did not incline
to take into consideration of Ex.P.6 but inclined to look into Ex.P.7 and Ex.P.8 for fixing/enhancing compensation. When we look into Ex.P.7 which is a Sale
transaction relating to the year 1989 much prior to 4(1) Notification, it
discloses that the sale of property, situated in Layout, took place in Square
Yards which works out to Rs.4,84,800/ per acre relating to Edulapaka
Bonangi Village and when this Sale transaction is compared with other sale
transactions shown in the table drawn by this Court in the above paras the
value of land covered under Ex.P.7 shall not be taken into consideration which
is abnormal value and which in the opinion of this Court is not a sale
transaction to be considered for fixing compensation and it can be safely be
set aside.
LAOP .No.12/2007 ASCJC/AKP Page No. 31 ASCJC/AKP Dt. 26-06-2020.
58. Since it is the evidence of Referring Officer that the Villages of
Ponnuru Agraharam, Parawada, E.Bonangi and Thanam are situated side by
side as such it is just, essential and proper to consider the sale transactions in
Thanam and neighbouring Edulapaka Bonangi Village in arriving the correct
market value of the acquired land in this LAOP.
59. At this juncture, this Court would like to discuss on citation 2014
LawSuit(SC) 826 = 2015 AIR(SC) 453 = 2015 (2) SCC 160 held in between
NIRMAL SINGH ETC Vs. STATE OF HARYANA AND ORS which was already
discussed by this Court in the above paras and wherein the Hon’ble Apex Court held that the Court should look into sale instances of smaller pieces of land
while applying reasonable element of deduction and for determination of just
and reasonable compensation for the acquired land has to be made on the
basis of the sale instances as submitted by the Claimant by taking the average
of the sale considerations mentioned therein which are relevant to the date of
issue of Notification under Section 4 of the Act.
60.It is just and essential to calculate the average amount of market
value from the Sale transactions filed and marked by the Claimant relating to
Thanam and Edulapaka Bonangi which are neighbouring villages situated side
by side as per evidence of Referring Officer. One of the Claimant i.e., P.W.1
filed four Sale Transactions under Ex.P.5, Ex.P.8 to Ex.P.10 (Xerox Copy of
Registration Extract of Registered Sale Deed dt.03111993, Xerox Copy of
Registration Extract of Registered Sale Deed dt.30011990, Xerox Copy of
Certified Copy of Registration Extract of Registered Sale Deed dt.31031990
and Xerox Copy of Certified Copy of Registration Extract of Registered Sale
LAOP .No.12/2007 ASCJC/AKP Page No. 32 ASCJC/AKP Dt. 26-06-2020.
Deed dt.04051991) in respect of Sale Consideration of Rs.1,00,000/,
Rs.1,50,000/, Rs.1,71,000/ and Rs.1,95,000/ per acre respectively.
61.The average amount would come from the above market value
amount is Rs.1,54,000/ (Rs.1,00,000/ + Rs.1,50,000/ + Rs.1,71,000/ +
Rs.1,95,000/ = Rs.6,16,000/ / 4 = Rs.1,54,000/ rounded to Rs.1,50,000/)
and this Court found that it is just and proper to fix Rs.1,50,000/.
62.This Court would like to discuss some aspects to arrive the above
compensation amount as because the then Land Acquisition Officer has not
collected Ex.P.5 (Registered Sale Deed dt.03111993) from Sub Registrar ’ s
Office, Sabbavaram and not discussed whether it is a genuine one or not by
examining seller and buyer and in the absence this exercise by the then Land
Acquisition Officer it could be said that the above said document has to be
taken into consideration by this Reference Court in calculating the correct
market value and compensation. When this document i.e., Ex.P.5 is taken
into consideration the minimum market value of the land in Thanam Village
even in the year 1993 i.e., within the crucial period is prevailing as on the
date of fixing market value by the then Land Acquisition Officer. The other
sale transactions considered by this Reference Court in the above paras are
Ex.P.8 to Ex.P.10 (Sale transactions dt.30011990, 31031990 and 0405
1991) relating to the land located in neighbouring village i.e., Edulapaka
Bonangi Village which is situated by the side of Thanam Village as per
evidence of Reffering Officer i.e., R.W.1 and in the above said sales the market
value of land is Rs.1,50,000/, Rs.1,71,000/ and Rs.1,95,000/. When the
market value of land in Edulapaka Bonangi Village is minimum Rs.1,50,000/
and when the lands in Thanam Village are more fertile having surrounded by
Visakha Steel Plant, Niraj Petro Chemicals, HPCC. NTPC at Parawada, Railway
LAOP .No.12/2007 ASCJC/AKP Page No. 33 ASCJC/AKP Dt. 26-06-2020.
Station, Junior College, Government and Private Hospitals, Public and Private
transportation So the market value of the acquired as per evidence of
Referring Officer as R.W.1, definitely the then Land Acquisition Officer ought
to have increased the market value than Rs.87,000/ per acre for dry lands at
the time of passing of present Award under Ex.B.1 and in which circumstances
it could be said that the market value of acquired lands should be in between
Rs.1,00,000/ and Rs.1,95,000/ and accordingly in view of Hon ’ ble Apex
Court ’ s citation sdiscussed in the above paras taken average market value of
above four documents i.e., sales under Ex.P.5, Ex.P.8 to Ex.P.10 and came to
conclusion by arriving the market value of acquired land as on the date of
acquisition as Rs.1,50,000/.
63.The Claimants filed Certified Copy of Award No.4/96 dt.24021996 i.e.,
Ex.P.2, Xerox Copy of Certified Copy of Award No.18/96 and Award No. 10/98 dt.27031996 and 29121998 respectively marked as Ex.P.3 and Ex.P.4. R.W.1 in respect of Ex.P.2 admitted the same as Consent Award. As seen from Ex.P.3 and
Ex.P.4 are also Consent Awards basing on Negotiation Committee formed by
the Government in order to not to face this type of prolonged present
litigation and to put an end to the acquisition proceedings by providing some
permanent and good solution for land loosers. As seen from above Consent
Awards the market value arrived with consent about more than Rs.2,00,000/.
In the opinion of this Court and when taking into this Consent Awards also the
market value of acquired lands has to be in between Rs.1,00,000/ to
Rs.2,00,000/.
64.Now let us discuss whether any deductions have to be made while determining the correct market value of the acquired lands or not.
LAOP .No.12/2007 ASCJC/AKP Page No. 34 ASCJC/AKP Dt. 26-06-2020.
65.It is relevant point of time again to go and extract evidence of Referring
Officer what is his evidence in development of surrounding area and whether any expenditure has to be incurred for development of acquired land i.e., post acquisition expenses for development. It is the evidence of chief examination of
R.W.1 that the main object of Corporation is to acquire land for development of lands with infrastructure facility into industrial area to allot plots to Entrepreneurs for industrial purpose. R.W.1 in his cross examination also admitted the fact
stating that as on the date of acquisition under Ex.R.1 there are Visakha Steel
Plant, Niraj Petrochemicals, HPCC, NTPC at Parawada, Railway Station, Junior
College, Government and Private Hospitals, Public and Private transplantation
are situated in and around the acquired land. There is no denial by the
learned Counsel for Referring Officer about the fact deposed by the Claimant
as P.W.1 that there is a Railway track between Thanam Village and
Lankelapalem Village as well as Yeleru Canal in between the border of
Lemarthi Village and Lankelapalem village and the said Yeleru Canal is
situated at a distance of 4 furlongs from Thanam Village due to which it can be
inferred about potentiality of acquired lands in Thanam Village. When it is so, the Land Acquisition Officer ought to have determined more amount than the one fixed by him as on the date of acquisition apart from the observation the then Land
Acquisition Officer in Ex.R.1 that the lands in Thanam Village are more fertile than the acquired Ponnuru Agraharam Village and there are several projects are coming in and around Thanam Village.
66.The main object of acquisition of lands for industrial purpose was
not denied by the learned counsel for the Claimants as because there may not
be any such question since his lands were acquired for that purpose only and if
there is no such purpose the question of acquisition does not arise.
LAOP .No.12/2007 ASCJC/AKP Page No. 35 ASCJC/AKP Dt. 26-06-2020.
67.This Court would say that whenever the acquired land was not fully developed and the acquisition itself for development of lands and there may be investment of expenditure and some acquired land has to be kept for roads, amenities, etc., and it requires just, fair and proper deduction towards development charges out of the average price worked out.
68. At this juncture this Court would like to rely 2017 LawSuit(SC) 693 = 2017 AIR(SC) 3330 = 2017 (8) SCC 558 held in between VITHAL RAO AND
ANOTHER ETC; ANNAPPA SINCE DEAD BY HIS LRS AND ORS VS. SPECIAL
LAND ACQUISITION OFFICER wherein the Hon’ble Apex Court observed in para 26 that :
“In Chimanlal Hargovinddas vs Special Land Acquisition Officer, Poona &
Anr, 1988 3 SCC 751, this Court dealt with the question as to how the Court should determine the valuation of the lands under acquisition and what broad principle of law relating to acquisition of land under the Act should be kept in consideration to determine the proper market value of the acquired land.”
The Hon’ble Apex Court observed in para 27 that :
“In Para 4 of the judgment, this Court laid down as many as 17 principles, which are reproduced below for perusal:
"(1) to (4) .
(5) The market value of land under acquisition has to be determined as on the crucial date of publication of the notification under Section 4 of the Land
Acquisition Act (dates of notifications under Sections 6 and 9 are irrelevant).
(6) xxxxxxxx (7) In doing so by the instances method, the court has to correlate the market value reflected in the most comparable instance which provides the index of market value.
(8) Only genuine instances have to be taken into account. (Sometimes instances are rigged up in anticipation of acquisition of land.) (9) Even postnotification instances can be taken into account (1) if they are very proximate, (2) genuine and (3) the acquisition itself has not motivated the
LAOP .No.12/2007 ASCJC/AKP Page No. 36 ASCJC/AKP Dt. 26-06-2020.
purchaser to pay a higher price on account of the resultant improvement in development prospects.
(10) The most comparable instances out of the genuine instances have to be identified on the following considerations:
(i) proximity from time angle,
(ii) proximity from situation angle.
(11) Having identified the instances which provide the index of market
value the price reflected therein may be taken as the norm and the
market value of the land under acquisition may be deduced by making
suitable adjustments for the plus and minus factors visàvis land under
acquisition by placing the two in juxtaposition.
(12) A balancesheet of plus and minus factors may be drawn for this purpose and the relevant factors may be evaluated in terms of price variation as a prudent purchaser would do.
(13) The market value of the land under acquisition has thereafter to be deduced by loading the price reflected in the instance taken as norm for plus factors and unloading it for minus factors.
(14) The exercise indicated in clauses (11) to (13) has to be undertaken in a common sense manner as a prudent man of the world of business would do. We may illustrate some such illustrative (not exhaustive) factors:
Plus factors Minus factors
1. smallness of size1. largeness of area
2. situation in the interior at a distance
2. proximity to a roadfrom the Road
3. narrow strip of land with very small
3. frontage on a roadfrontage compared to depth
4. lower level requiring the depressed
4. nearness to developed portion to be area filled up
5. regular shape5. remoteness from developed locality
6. level visavis land under 6. some special disadvantageous factor Acquisitionwhich would deter a purchaser
7. special value for an owner of an adjoining property to whom it may have some very special advantage (15) The evaluation of these factors of course depends on the facts of
each case. There cannot be any hard and fast or rigid rule. Common
sense is the best and most reliable guide. For instance, take the factor
LAOP .No.12/2007 ASCJC/AKP Page No. 37 ASCJC/AKP Dt. 26-06-2020.
regarding the size. A building plot of land say 500 to 1000 sq. yds. cannot be compared with a large tract or block of land of say 10,000 sq. yds. or more.
Firstly while a smaller plot is within the reach of many, a large block of land will have to be developed by preparing a lay out, carving out roads, leaving open space, plotting out smaller plots, waiting for purchasers (meanwhile the invested money will be blocked up) and the hazards of an entrepreneur. The
factor can be discounted by making a deduction by way of an allowance
at an appropriate rate ranging approximately between 20 per cent to 50
per cent to account for land required to be set apart for carving out lands
and plotting out small plots. The discounting will to some extent also
depend on whether it is a rural area or urban area, whether building
activity is picking up, and whether waiting period during which the
capital of the entrepreneur would be locked up, will be longer or shorter
and the attendant hazards.
(16) Every case must be dealt with on its own fact pattern bearing in mind all these factors as a prudent purchaser of land in which position the judge must place himself.
(17) These are general guidelines to be applied with understanding informed with common sense."
The Hon’ble Apex Court observed in para 28 that :
“These principles are invariably kept in mind by the Courts while determining the market value of the acquired lands (see also Union of India vs. Raj Kumar
Baghal Singh (Dead) Through Legal Representatives & Ors, 2014 10 SCC 422.
The Hon’ble Apex Court observed in para 29 that :
“In addition to these principles, this Court in several cases have also laid
down that while determining the true market value of the acquired land
and especially when the acquired land is a large chunk of undeveloped
land, it is just and reasonable to make appropriate deduction towards
expenses for development of acquired land. It has also been consistently
held that at what percentage the deduction should be made vary from
10% to 86% and, therefore, the deduction should be made keeping in
mind the nature of the land, area under acquisition, whether the land is
developed or not and, if so, to what extent, the purpose of acquisition,
LAOP .No.12/2007 ASCJC/AKP Page No. 38 ASCJC/AKP Dt. 26-06-2020.
etc., It has also been held that while determining the market value of
the large chunk of land, the value of smaller piece of land can be taken
into consideration after making proper deduction in the value of lands
and when sale deeds of larger parcel of land are not available. This Court has also laid down that the Court should also take into consideration the potentiality of the acquired land apart from other relevant considerations.
This Court has also recognized that the Courts can always apply
reasonable amount of guesswork to balance the equities in order to fix a
just and fair market value in terms of parameters specified under
Section 23 of the Act. (See Trishala Jain & Anr. Vs. State of Uttaranchal
& Anr. , 2011 6 SCC 47).
The Hon’ble Apex Court observed in para 31 that :
“Taking into account the factual scenario of the acquired land and having regard to the totality of the circumstances taken note of supra, we are of the considered view that it would be just, fair and proper to take out the average value of these plots. Since the acquired land is not fully developed and it
requires for construction of rehabilitation centre, it would be just, fair
and proper to deduct 40% of the amount towards development charges
out of the average price worked out. Such deduction is permissible in law
( Land Acquisition Officer Revenue Divisional Officer, Chittor vs. L.
Kamalamma Dead by LRs. & Ors. Etc , 1998 2 SCC 385).
69. As seen from the above said citation it could be said that some
deduction of just, fair and proper amount towards development charges has to
be made from the average market value arrived by the court. In the instant
LAOP also since the acquisition of lands under present Award itself for
development of lands with infrastructure facility into industrial area as such
certainly deduction of amount towards development charges has to be made.
70.P.W.1 deposed that after establishment of factories the acquired
land is not used for dwelling purpose. As seen from record and evidence there
is no whisper about providing rehabilitation and that after acquisition of land
LAOP .No.12/2007 ASCJC/AKP Page No. 39 ASCJC/AKP Dt. 26-06-2020.
the Government has not provided any rehabilitation. Even though it is the allegation of Claimants in their Claim Statement that compensation was not given for some of the trees, surprise to this Court P.W.1 in his cross examination admitted stating that the Horticulture Department ascertained trees value at the time of acquisition but stated that compensation was not paid for some other trees. Here it is just and essential to have a glance into Copy of Award marked as Ex.R.1 at Page 6 in respect of trees noted that there are standing trees like Palmyrah, Mango,
Coconut, Cashew trees in the acquired lands and that fruit bearing trees like
Mango, Coconut, Cashew trees are valued by the Horticulture Office of
Visakhapatnam and the value furnished by Horticulture Officer has been adopted in this Award and the value of the scattered trees has been arrived at as per
G.O.Ms.No.601, Rev(LA) Dept. dt.19061992. No such record filed by the Land
Acquisition Officer to show the trees in acquired lands were valued by the
Horticulture Department and as such it has no credibility in this aspect which clearly discloses that there are trees existing in the acquired lands.
71.The learned Counsel for the Claimants quoted citation i.e., 1994 (1) ALT 4 (NRC) in respect of consideration of Awards of neighbouring villages. With great respect to the Hon’ble High Court of A.P. this court would like to say that this citation has no application to the facts and circumstances of this court and this court answered the reference in detail with reasons.
72.The learned Counsel for the Claimants quoted citation i.e., AIR 1971 SC 1253 and 1998 (1) LACC 61 in respect of consideration of gradual increase of land prices in the area under acquisition. With great respect to the Hon’ble Apex Court this court would like to say that this citation has no application to the facts and circumstances of this court and this court answered the reference in detail with reasons.
73.The learned Counsel for the Claimants quoted citation i.e., AIR 1972
Madras 170 in respect of the authority that highest price of fair transaction can be
LAOP .No.12/2007 ASCJC/AKP Page No. 40 ASCJC/AKP Dt. 26-06-2020.
taken into consideration at the time of fixing market value of lands under acquisition. With great respect to the Hon’ble High Court of Madras this court would like to say that this citation has no application to the facts and circumstances of this court and this court answered the reference in detail with reasons.
74.The learned Counsel for the Claimants quoted citation i.e., AIR 1985
Delhi 298 and AIR 1989 Delhi 310 in respect of authority that similar developments and potentiality in neighbouring villages can also be taken into consideration for fixing market value of acquired lands. With great respect to the Hon’ble Court of
Delhi this court would like to say that this citation has no application to the facts and circumstances of this court and this court answered the reference in detail with reasons.
75. The learned Counsel for the Claimants quoted citation i.e., An.W.R 1975 28 in respect of the authority that sale transactions of neighbouring villages can be taken into consideration at the time of fixing market value of lands under acquisition. With great respect to the Hon’ble High Court of A.P this court would like to say that this citation has no application to the facts and circumstances of this court as because this court made application of suitable and relevant citation of
Hon’ble Apex Court.
76. The learned Counsel for the Claimants quoted citation i.e., AIR 1986
Delhi 140 in respect of the authority that potential value of acquired land and its capable possibility in future can be taken into consideration at the time of fixing market value of lands under acquisition. With great respect to the Hon’ble High
Court of Delhi this court would like to say that this citation has no application to the facts and circumstances of this court and this court answered the reference in detail with reasons.
77. The learned Counsel for the Claimants quoted citation i.e., AIR
2001 SC 1117 with regard to the authority that Certified Copies of Sale deeds
LAOP .No.12/2007 ASCJC/AKP Page No. 41 ASCJC/AKP Dt. 26-06-2020.
produced in the LAOP cases can be considered without examining its vendor or
vendee to fix compensation to the Claimant. This Court would say that those
citations are squarely applicable to the present facts and circumstances of this
LAOP.
78.The learned Counsel for the Claimants quoted citation i.e., AIR
2001 SC 3516 with regard to the authority of awarding interest on Solatium in
view of compulsory acquisition. With great respect to the Hon ’ ble Apex Court
this Court would say that this citation is applicable to the present facts and
circumstances of this LAOP at the time passing of Award while passing order
in respect of enhancing market value.
79.The learned Counsel for the Claimants quoted citation i.e., 2003 (6)
ALD 686 (DB) with regard to the authority that application of post notification sales can also be considered for determination of quantum of compensation to acquired lands. With great respect to the Hon’ble High Court of A.P this court would like to say that this citation has no application to the facts and circumstances of this case.
80.In view of the above discussion it is just and essential to make deduction of amount towards development charges from the amount arrived by this
Court in the above paras. Since this Court arrived at Rs.1,50,000/ and
deductions towards development charges are essential as such this Court came
to conclusion to deduct at 20% from the arrived Rs.1,50,000/ which is
Rs.30,000/ and deducting the said amount it will come to Rs.1,20,000/ per
acre for Dry Land and accordingly this Court being Reference Court fixed
Rs.1,30,000/ per acre for Wet Land. Hence this reference is answered in
favour of Claimants.
In the result, this LAND ACQUISITION ORIGINAL PETITION is allowed as follows:
LAOP .No.12/2007 ASCJC/AKP Page No. 42 ASCJC/AKP Dt. 26-06-2020.
i) The market value is fixed at Rs.130,000/ per acre for the Wet land an extent of Ac.0.55 cents i.e., Wet land an extent of Ac.055 cents in S.No.42/3, 45/12, 45/30, 45/32, 45/39, 45/45 is situated in Thanam Village of Parawada Mandal which was occurred by the Government under Award No.12/95, dated 16091995.; ii)The Claimants are entitled to the Additional Market Value payable under Sec.23(1A) of the Land Acquisition Act at 12% p.a on the market value determined under Sec.23 (1) of the Act from the date of publication of the Draft Notification under Sec.4 (1) of the Act to the date of Award.; iii)The Claimants are entitled to the payment of Solatium at 30% under Sec.23 (2) of the Act on the enhanced market value determined under Sec.23(2) of the Act in consideration of the compulsory nature of acquisition; iv) The Claimants are entitled to payment of interest under Sec.34 of the Act on the enhanced compensation at 9% p.a for one year and at 15% p.a, thereafter from the date of taking possession of the lands which is also the date of passing of the award till the amount is paid or deposited into Court;
v) The compensation already received by the deceased Claimant by name Rongali Appanna including his L.Rs i.e., 2 nd and 3 rd Claimants shall be deducted from the enhanced compensation payable under this Order; vi) But in the circumstances both parties do bear its own costs.
Typed to my dictation by Stenographer, corrected and pronounced by me in open court on this the 26th day June, 2020.
ADDITIONAL SENIOR CIVIL JUDGE
ANAKAPALLE.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR CLAIMANTS:FOR REFERRING OFFICER: P.W.1: Rongali Demudamma. R.W.1: S.D.Anitha (LAO).
DOCUMENTS MARKED
FOR CLAIMANTS:
Ex.P-1Xerox copy of certified copy of Decree and order in LAOP No.33/1998 in respect of Award No.12/1995, dt. 6-6-2005
Ex.P-2Xerox copy of certified copy of Award No.4/1996 dated 24-02-1996 in respect of lands of Eedulapaka Bonanji Village dated 24-02-1996
LAOP .No.12/2007 ASCJC/AKP Page No. 43 ASCJC/AKP Dt. 26-06-2020.
Ex.P-3Xerox copy of certified copy of Award No.18/1996 dated 27-03-1996 in respect of lands of Tadi Village
Ex.P-4Xerox copy of Certified Copy of Award No.10/1998 dated 29-12-1998 in respect of lands of Cheepurapalli Village
Ex.P-5Xerox copy of certified copy of Registration Extract of Sale deed dated 03-11- 1993 bearing document No.3237/1993 in favour of Gorle China Babu in respect of Tanam Village
Ex.P-6Xerox copy of certified copy of Registration Extract of Sale deed dated 06-12- 1995 bearing document No.3350/1995 in favour of Rayudu Appa Rao in respect of Tanam Village
Ex.P-7Xerox copy of certified copy of Registration Extract of Sale deed dated 24-10- 1989 in favour of P.Leela Srinivasa Rao in respect of Eedulapaka Bonangi Village
Ex.P-8Xerox copy of certified copy of Registration Extract of Sale deed dated 30-01- 1990 in favour of S.V.Pratap in respect of Eedulapaka Bonangi Village
Ex.P-9Xerox copy of certified copy of Registration Extract of Sale deed dated 31-03- 1990 in favour of Neelapu Ramakrishna in respect of Eedulapaka Bonangi Village
Ex.P-10Xerox copy of certified copy of Registration Extract of Sale deed dated 04-05- 1991 in favour of Gudala Laxmi Jhansi Bhai in respect of Eedulapaka Bonangi Village
Ex.P-11Xerox copy of certified copy of Decree and order in LAOP No.19/2007 in respect of Award No.12/1995 dated 30-04-2018
FOR REFERRING OFFICER: Ex.R.1: Award No.12/95 dt.16091995.
ADDITIONAL SENIOR CIVIL JUDGE
ANAKAPALLE.
LAOP .No.12/2007 ASCJC/AKP Page No. 44 ASCJC/AKP Dt. 26-06-2020.
Date of Presentation: 02.01.1997 Date of Filing : 12.02.2007
IN THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE:: ANAKAPALLE.
Present : Sri K.K.V.Buli Krishna
Additional Senior Civil Judge,
Anakapalle.
Dated: Thursday, this the 27th day of February, 2020.
L.A.O.P. No.23/2007
Between:
1. Rongali Demudu S/o late Pydithalli (died).
2. Rongali Yerrayamma, W/o late Demudu, Hindu, aged 70 years, R/at Thanam Village, Paravada Mandal, Visakhapatnam District.
3. Rongali Pydumnaidu W/o late Demudu, Hindu, aged 47 years, R/at Thanam Village, Paravada Mandal, Visakhapatnam District. … Claimants.
Vs.
Land Acquisition Officer and Spl. Dy. Collector (L.A), APIIC, Visakhapatnam. …Referring Officer.
(2nd and 3rd Claimants impleaded as per orders of this Court in I.A.No.235/2019 dt.21112019.)
This is a Reference filed u/Sec.18 of Land Acquisition Act, 1894 by the
L.A officer cum Special Dy. Collector (L.A), APIIC, Visakhapatnam on the protest made by the deceased Claimant by name Rongali Demudu, whose L.Rs. impleaded
as 2nd and 3rd Claimants as per orders of this Court in I.A.No.235/2019 dt.2111
2019 and whose Wet land an extent of Ac.0.28 cents i.e., Wet land an extent of
Ac.015 cents in S.No.38/9, Ac.0.03 cents in S.No.38, Ac.0.10 cents in S.No.47. Dry land in an extent of 0.23 cents in S.No.31/3 is situated in Thanam Village of
Parawada Mandal which was occurred by the Government under Award No.12/95,
dated 16091995.
This case coming before me on 19.02.2020 for final hearing in the presence of Sri M.Pydiraju, Advocate for the Claimant and Sri R.Govindaraju,
Advocate for the Referring Officer, having heard on both sides, having perused the
LAOP .No.12/2007 ASCJC/AKP Page No. 45 ASCJC/AKP Dt. 26-06-2020.
material papers and having stood over for consideration till this day, this Court doth order and:
D E C R E E
1. The market value is fixed at Rs.130,000/ per acre for the Wet land an extent of Ac.0.28 cents i.e., Wet land an extent of Ac.015 cents in S.No.38/9, Ac.0.03 cents in S.No.45/38 Ac.0.10 cents in S.No.45/47. The market value is fixed at Rs.1,20,000/ per acre for the Dry land in an extent of 0.23 cents in S.No.31/3 is situated in Thanam Village of Parawada Mandal which was occurred by the Government under Award No.12/95, dated 16091995.;
2. The Claimants are entitled to the Additional Market Value payable under Sec.23(1A) of the Land Acquisition Act at 12% p.a on the market value determined under Sec.23 (1) of the Act from the date of publication of the Draft Notification under Sec.4 (1) of the Act to the date of Award.;
3. The Claimants are entitled to the payment of Solatium at 30% under Sec.23 (2) of the Act on the enhanced market value determined under Sec.23(2) of the Act in consideration of the compulsory nature of acquisition;
4. The Claimants are entitled to payment of interest under Sec.34 of the Act on the enhanced compensation at 9% p.a for one year and at 15% p.a, thereafter from the date of taking possession of the lands which is also the date of passing of the award till the amount is paid or deposited into Court;
5. The compensation already received by the deceased Claimant by name Rongali Demudu including his L.Rs i.e., 2nd & 3rd Claimants shall be deducted from the enhanced compensation payable under this Order;
6. that there be no order as to costs.
Given under my hand and seal of this court, this the 26th day of February, 2020.
Addl. Senior Civil Judge, Anakapalle.
Memorandum of Costs
No costs memo is filed on either side.
Addl. Senior Civil Judge, Anakapalle.
LAOP .No.12/2007 ASCJC/AKP Page No. 46 ASCJC/AKP Dt. 26-06-2020.
LAOP .No.12/2007 ASCJC/AKP Page No. 1 ASCJC/AKP Dt. 26-06-2020.
IN THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE:: ANAKAPALLE.
Present : Sri K.K.V.Buli Krishna
Additional Senior Civil Judge,
Anakapalle.
Dated: Friday, this the 26th day of June, 2020.
L.A.O.P. No.12/2007
Between:
1. Rongali Appanna (died) @ Kullodu.
2. Rongali Demudamma W/o late Appanna, Age:70 years, Hindu, R/at H.No.31, Thanam Village, Paravada Mandal, Visakhapatnam District.
3. Varri Demudamma W/o Sanyasirao, age 41 years, Hindu, R/at H.No.177, Thanam Village,
Paravada Mandal, Viskhapatnam District.
… Petitioners.
Vs.
Special Deputy Collector (LA) APIIC, Visakhapatnam …Referring Officer.
(2nd and 3rd Claimants impleaded as per orders of this Court in I.A.No.232/2019 dt.16092019.)
This case coming before me on 19.06.2020 for final hearing in the presence of Sri M.Pydiraju, Advocate for the Claimant and Sri R.Govindaraju,
Advocate for the Referring Officer, having heard on both sides through blue jeans app video conference having perused the material papers and having stood over for consideration till this day, this Court made the following:
O R D E R
This is a Reference filed u/Sec.18 of Land Acquisition Act, 1894 by the L.A officer cum Special Dy. Collector (L.A), APIIC, Visakhapatnam on the protest made by the deceased Claimant by name Rongali Appanna, whose L.Rs.
impleaded as 2nd and 3rd Claimants as per orders of this Court in I.A.No.232/2019 dt.16092019 and whose Wet land an extent of Ac.0.55 cents i.e., Wet land an
LAOP .No.12/2007 ASCJC/AKP Page No. 2 ASCJC/AKP Dt. 26-06-2020.
extent of Ac.055 cents in S.No.42/3, 45/12, 45/30, 45/32, 45/39, 45/45
situated in Thanam Village of Parawada Mandal which was occurred by the
Government under Award No.12/95, dated 16091995.
2.Brief narration of facts led to the present this Reference : “The APIIC Limited, Hyderabad has sent a requisition for the acquisition of the lands for an extent of Ac.134.74 cents in Thanam village of Parawada Mandal for establishment of ancillaries to Petro
Chemical Complex upon which the requisitioned land was split up into four (4) Blocks for the sake of convenience in processing the land acquisition proceedings and that the Thanam village was a Ryothwari village and the lands in the said village are classified as Dry, Wet and
Manvari Lands. The Special Dy. Collector being the Land Acquisition
Officer, at the time of processing the proposals, for acquisition of
land in Thanam Village in respect of Block No..IV of Thanam
Village under present Award compromising the Survey No. 31, 33,
38, 39, 40, 41, 42, 44 and 45 in an extent of Ac.26.21 cents,
issued 4(1) Notification invoking emergency provisions under Sec.17(4) of the Land Acquisition Act and the Draft Notification u/Sec.4(1) of
Land Acquisition Act was approved vide proceedings of Addl.
Commissioner of Industries and Special Officer (L.A), Steel Plant,
Visakhapatnam bearing No. RC 348/93, RI – III, Dt.08111993 which was published in A.P Gazette extraordinary Issue No.34/93 dated 05 121993 and the substance of the 4(1) Notification which was published in the locality on 15121993 in two Regional Telugu News
Papers i.e., Andhra Bhoomi and Eenaadu on 10011994.
The Land Acquisition Officer, after survey and sub division made by the Special Surveyor apart from prescrutinizing the sub division records by the Deputy Inspector of Survey, Task Force,
Visakhapatnam and after arriving the arrears in Sub Division records,
Draft Declaration u/Sec.6 of Land Acquisition Act was proved by the
Collector, Visakhapatnam vide proceedings No. R. Dis. No.348/93, R
IIII dated 10051994 which was published in extraordinary issue of
A.P Gazette No.17/1994 dated 21051994 and the substance of Draft
Declaration u/Sec.6 published in two Regional Telugu News Papers
LAOP .No.12/2007 ASCJC/AKP Page No. 3 ASCJC/AKP Dt. 26-06-2020.
i.e., Eenaadu and Andhra Jyothi on 04061994 and the substance of
Draft Declaration u/Sec.6 published in the locality as per rules on 20 061994.
During the course of preparation of Preliminary Valuation after 4(1) notification of Land Acquisition Act for acquisition of lands in
Thanam village and after publishing the same in news papers, the
Land Acquisition Officer secured sale transactions took place in
the village during the crucial period of three years preceding the
date of 4(1) notification i.e., from 01091990 to 16111993 from
Sub Registrar’s Office, Sabbavaram and collected 50 sale
transactions during the crucial period and after considering the location of land proposed to be acquired, raising up major crops in dry lands like Casurina, Bajra, Seesamum, Ragi, Chili and other
Vegetables and cultivating paddy in wet lands as well as land in
Thanam are more fertile lands than Ponnuru Agraharam village as well as avocation of ryoths to supply milk to Visakhapatnam, the
Land Acquisition Officer after analysing the sale transactions which have to be taken into consideration and those transactions were discarded as they are small bits and does not reflect true market value and basing on the Award passed for the acquisition of lands in
Ponnuru Agraharam Village in an extent of Ac.45.83 cents vide
Award No.8/1995 dated 23061995 which was taken into
consideration to fix the market value for the acquisition of lands
i.e., by fixing the market value of Rs.87,000/ per acre for dry
land and Rs.94,250 per acre for Wet And Manvari Lands and
accordingly passed Award No.12/95 dated 16091995 by fixing
compensation as above and that the deceased Claimant by name
Pyla Adilakshmi, after receiving compensation under protest against the above said market value determined by the Land Acquisition
Officer, requested to refer application to the Reference Court u/Sec.18 of Land Acquisition Act. Hence, the present Reference was made by the Land Acquisition Officer.”
3. After referring the case to the Reference Court and after the death of original Claimant by name Rongali Appanna, whose L.Rs. impleaded
LAOP .No.12/2007 ASCJC/AKP Page No. 4 ASCJC/AKP Dt. 26-06-2020.
as 2nd and 3rd Claimants as per orders of this Court in I.A.No.232/2019
dt.16092019.
The 2nd Claimant filed Claim Statement with the following brief averments : “The Award passed by the Land Acquisition Officer is contrary to law, weight of evidence and probabilities of the case and he did not provide opportunity to the deceased Claimant to prove actual value of the acquired land and the Land Acquisition Officer has not taken into consideration of potential value as building site and the neighboiuring villages i.e., Venkatapuram, Ponnuru Agraharam, Tadi, Parawada,
Barnikam, Edulapaka Bonangi are suitable for purposes of industries and residential sites and that the Land Acquisition Officer fixed the market value which is too low considering the sale transactions between the interested parties which shows the arbitrariness in passing the Award.
It is also alleged by the 2nd and 3rd Claimants that the Land
Acquisition Officer has not followed the prescribed procedure and rules laid down in Land Acquisition Act and passed the Award with whims and fancies and when the deceased claimant appeared before the Land Acquisition Officer to give statement for the notice u/Sec.9(3) and 10(1) of Land Acquisition Act, he disclosed that the present value of lands in the village is at par with the acquired lands situated almost adjoining to Parawada village and location of Steel
Plant Town Ship near to the acquired lands and that at the time of acquisition of lands, the neighbouring villagers being purchased house sites @ Rs.100 to 200/ per Sq. Yards which comes to
Rs.5,000/ to Rs.8,000/ per cent and that the Government also declared the lands in Thanam Village of Parawada Mandal and the lands in vicinity of Lankelapalem Junction, Anakapalle,
Visakhapatnam Steel Plant, Simhadri Dharmal Power Project in
Parawada Mandal as Industrial Development Area as there is a vast and fast development as well as for house sites which resulted in good demand for higher cost.
The present Thanam village is an important and vast development area as it is very nearer and in between Visakhapatnam
LAOP .No.12/2007 ASCJC/AKP Page No. 5 ASCJC/AKP Dt. 26-06-2020.
and Anakapalle which are urbanized areas and there are no lands in
Anakapalle and Visakhapatnam which are available for house sites as well as industrial purposes and moreover VUDA plots are also situated nearer to Edulapaka Bonangi Village and the village
Thanam having more fertile lands than the surrounding villages
wherein the villagers are raising and cultivating crops like Paddy,
Vegetables, Ragi, Chilli, Casurina and other Commercial Crops
apart from having irrigation facilities and thereby getting annual
income of Rs.15,000/ per acre.
It is also alleged that the Land Acquisition Officer has not taking into consideration of the proximity of acquired lands, to the residential, commercial, industrial, educational, agricultural or medical institutions apart from existing amenities like water, electricity and drainage and if the sale transactions are not available in the crucial period for the acquired land, the sale transactions of neighbouring village can be taken into consideration and in view of
Amended Land Acquisition Act, the Claimant is entitled for compensation including benefits available under Amended Act and the calculation and valuation of the trees and structures in the acquired land is not correct and reasonable and hence prayed to enhance the market value of the acquired land at Rs.8,00,000/ per acre including the benefits under Amended Act.” 3rd claimant adopted the statement of 4th claimant.
4.During the course of enquiry, on behalf of Claimants P.W.1 examined and Ex.P.1 to Ex.P.11 marked subject to objection by learned Assistant Government
Pleader and on behalf of Referring Officer R.W.1 examined and Attested Copy of
Award No.12/95, dated 16091995 marked as Ex.R.1.
5.Heard both sides.
6.The learned counsel for the Claimants argued by drawing the attention of this Reference Court to the contents of Award, Claim Statement as well as objections and the acquired lands in Thanam village are more potential and fertile lands when compared to surrounding villages in which land acquisition has took
LAOP .No.12/2007 ASCJC/AKP Page No. 6 ASCJC/AKP Dt. 26-06-2020.
place and the market value was determined by the Land Acquisition Officer as
Rs.87,000/ per acre for dry land and Rs.94,250/ per acre for wet land and so the market value ought to have raised by the then Land Acquisition Officer at the time of fixing market value and the Land Acquisition Officer clearly observed in the
Award that the Thanam village is more fertile and potential than the surrounding villages i.e., Ponnuru Agraharam, etc., and on viewing in any angle the market value ought to have increased by the then Land Acquisition Officer and hence prayed to order for enhancement of compensation awarded by the Land Acquisition Officer along with statutory benefits and apart from oral submissions quoted citations i.e., 1998 (1) LACC 61, 1985 Delhi 298, AIR 1986 Delhi 140, AIR 2001 SC 1117, 2003 (6) ALD 686 (DB) and AIR 2001 SC 3516.
7.Whereas on the other hand, the learned Assistant Government Pleader argued that the documents relied on by the Claimants in respect of small extents which cannot be applied to enhance compensation rightly determined by the Land
Acquisition Officer and hence prayed to dismiss this Land Acquisition Original
Petition.
8.Now the point for consideration is :
“1. Whether the market value fixed by the Land Acquisition Officer is proper or not ?
2. Whether the Claimant are entitled for any enhancing of market value fixed by the Land Acquisition Officer or not ?”
9.Point No.1 and No.2 :
At the outset it could be said that there are some undisputed facts in the Claimant’s allegations which are acquisition of lands of Claimants, with the admitted extent of land, by the Government under Award No.12/95, dated 1609 1995 as well as entitlement of compensation by the Claimants and receipt of compensation amount under “Protest” by the deceased Claimant but the only contention of the Claimants are that the Land Acquisition Officer has not awarded
LAOP .No.12/2007 ASCJC/AKP Page No. 7 ASCJC/AKP Dt. 26-06-2020.
acceptable compensation which is not according to comparable sale prices and
not considered some factors like raising of commercial crops like Chillies and
Vegetables apart from having sufficient income from the acquired lands and also not considered about potentiality of the acquired lands by comparing the potentiality of surrounding lands in a nearby villages and that the Land
Acquisition Officer has to determine the compensation basing on square yards
basis but not on acres basis as because the surrounding area is covered with
Industries, Petro Chemical Projects and proximity of the acquired lands near
to the developed areas and there is considerable price of acquired lands as on the date of acquisition which was not taken into consideration and the above
said facts are not admitting by the Referring Officer and on the other hand
defending the same as not correct.
10. There are certain above undisputed facts as such this court would not like to touch on those points. The Claimants and Land Acquisition Officer
disputing with each other in respect of market value, potentiality, proximity
of the acquired lands near to developed areas which alleged to be lacking
consideration of various facts of potentiality, price of acquired lands prevailing
as on the date of acquisition on which aspects have to the focused the
evidence and nothing else.
11.This court perused the Claim Statement and chief examination affidavit of one of the Claimants which reveals some new facts introduced in the
evidence and some were omitted when compared those contents with that of
reasons of Claimant which was the subject of reference under Sec.18 of the
Land Acquisition Act. Taking in view of this angle this court inclined to narrate
LAOP .No.12/2007 ASCJC/AKP Page No. 8 ASCJC/AKP Dt. 26-06-2020.
brief original pleadings which have taken in Claim Statement for sake of convenience and to avoid lengthy judgment.
12.The 2nd Claimant, to substantiate their version to get enhanced compensation, examined himself as P.W.1 who in his chief examination by way of affidavit as usual reiterated the important contents of claim statement which brief facts this court already discussed in the above paras as such again not inclined to narrate the same in order to avoid repeatance of allegations and apart from that
narrated that the then Land Acquisition Officer even though recognized the
potentiality and nature of Thanam village and elaborate discussion in the
Award but not considered in fixing reasonable compensation and the Land
Acquisition Officer has not taken into consideration of prospective improvements in and around the acquired land for the development of house sites and colonies and there are several Educational Institutions with Residential Hostels, Government
Offices, Railway Stations i.e., Tadi and Duvvada, other allied industries for Steel
Plant and that some of the lands in Thanam village and neighbouring village i.e.,
Edulapaka Bonangi which are situated in the distance of 1 K.M from Parawada which is a Mandal Head Quarters were already purchased by the Real Estate people for the purpose of laying house plots for construction of colonies as a Satellite
Township and apart from that stated that the then Land Acquisition Officer
acquired lands in Edulapaka Bonangi village by paying compensation @
Rs.2,06,000/ per acre for dry land and Rs.2,23,000/ per acre for wet land in
the year 1996 under Award No.4/96 and also the said Land Acquisition Officer
acquired lands in Tadi village for which compensation was paid at
Rs.2,09,000/ per acre for dry land and Rs.2,17,700/ per acre for wet land
under Award No.18/96andsome other lands acquired in Revada,
Cheepurupalli, Kalapaka and Swayambuvaram Villages of Parawada Mandal for
LAOP .No.12/2007 ASCJC/AKP Page No. 9 ASCJC/AKP Dt. 26-06-2020.
establishment of N.T.P.C by paying compensation at Rs.2,25,000/ per acre
under Award No.1/98 and also stated that the deceased Claimant used to get
income of rupees nearly 40,000/ per acre by raising commercial crops i.e.,
chillis and vegetables and the lands are very fertile, potential, having
abundant water sources even for agriculture and the Land Acquisition Officer
also acquired lands in Thanam Village under four blocks by passing separate
Awards i.e., Award No.10/1995 to 13/1995 by awarding compensation to the
lands including the present award and that the cases referred u/Sec.18 to the
Reference Court in Award No.10 to 13/1995 were disposed off on merits in the
year 2005 by enhancing market value along with statutory benefits and apart from that marked Xerox Copy of Certified Copy of Decree and Order in L.A.O.P
No.33/1998 relating to Award No.12/95, dated 06062005, Award No.4/96, 18/96 and 10/98 relating to acquisition of lands in Edulapaka Bonangi Village,
Tadi Village and Cheepurupalli Village dated 24061996, 27031997 and 2912
1998 respectively, Xerox Copy of Registration Extract of Sale Deed dated 03
111993, 06121995 executed in favour of Gorli Chinababu and Rayudu
Apparao in respect of lands in Thanam Village, Xerox Copy of Certified Copy of
Lay Out Map of Ganesh Nagar in Edupaka Bonangi Village, Xerox Copy of
Registration Extract of Sale Deed dated 24101989 and 30011990 in favour
of P. Leela Srinivasa Rao, S.P. Pratap, Xerox Copy of Certified Copy of
Registration Extract of Sale Deed dated 31031990 and 04051991 in favour
of Neelapu Ramakrishna and Gudala Laxmi Jhansibai in respect of lands in
Edulupaka Bonangi village and finally another Xerox Copy of Certified Copy of
Decree and Order in L.A.O.P.No.19/2007 relating to Award No.12/95 dated.30
042018 as Ex.P.1 to Ex.P.11 and also stated that the Reference Court taken
into consideration of Sale Deed dated 06121995 for an extent of land Ac.0.08
LAOP .No.12/2007 ASCJC/AKP Page No. 10 ASCJC/AKP Dt. 26-06-2020.
cents in S.No.65/3 of Thanam village executed in favour of Rayapura Apparao
by one Adduru Chinnodu in passing award in Award No.10/95 to 13/95 and the
recommendations of negotiations committee have also taken into
consideration by the Reference Court at the time of passing Award and in the
above said awards the Reference Court has fixed compensation at
Rs.1,00,000/ per acre for dry lands and Rs.1,05,000/ per acre for wet land
with all benefits etc.,
13.This Court would like to discuss the chief examination of Referring
Officer at this relevant point of time in order to compare and discuss the cross examination of both witnesses i.e., P.W.1 and Referring Officer as R.W.1 wherever necessary to touch them.
14. The Referring Officer also given some other aspects than pleadings in
Objections but this Court found that those are relevant and necessary for resolution of correct market value as well as awarding compensation between the Claimant and Government.
15.The Referring Officer, to substantiate its version, examined the Special
Deputy Collector (LA), APIIC, Visakhapatnam examined as R.W.1 who in his chief examination by way of affidavit stated that the main objects of Corporation among others as to acquire lands and to develop lands with infrastructure facility into industrial area to allot plots in the industrial area to Enterpreneurs for industrial purpose and the Corporation works for development of public purpose of industrialization of Andhra Pradesh and that the Corporation, after considering various location of lands situated in and around Visakhapatnam and sending proposal for acquisition of lands to an extent of Ac.2621 cents in Thanam of
Parawada Mandal for purpose of establishment of Petrochemical Complex and the lands in Thanam divided into 4 Blocks for convenience sake and the lands covered under the present LAOP falling under Block No.4 relating to an extent of Ac.26
LAOP .No.12/2007 ASCJC/AKP Page No. 11 ASCJC/AKP Dt. 26-06-2020.
21 cents and the Land Acquisition Officer issued Sec.4(1) Notification on 10 011994 and passed an Award No.12/95 dt.16091995 under due procedure laid down in Land Acquisition Act.
16.R.W.1 in his chief examination stated that the then the Land
Acquisition Officer, after taking into consideration of potentiality, market value and location of lands and after collecting Sales Statistics with “Crucial Period”, passed the above Award giving full details as to assessment of market value i.e., how he arrived the true and correct market value in between willing purchaser and willing buyer and that the Land Acquisition Officer i.e., Spl. Deputy Collector
(LA) at the time of fixing compensation relied on sale transaction dt.1406
1991 which is in respect of Dry Land relating to land an extent of Ac.025 cents in S.No.72/3 which value is Rs.79,600/ per acre and accordingly fixed compensation at Rs.87,000/ per acre for Dry Lands and Rs.94,250/ per acre for Wet lands.
17. This court would like to discuss those evidence in cross
examination of P.W.1 and R.W.1 in order to ascertain the potentiality of
acquired lands, its proximity to nearest developed areas, raising crops in the
lands in acquisition for the purpose of income deriving on acquired lands
which is relevant and essential to answer the points framed for consideration
to come to conclusion whether the request of Claimant has to be considered to
enhance the compensation awarded by the then Land Acquisition Officer or
not.
18. P.W.1 deposed that the Land Acquisition Officer acquired the land in an extent of Ac.063 Cents in the present Award No.12/95 dt. 16091995 and the acquired land situated in Thanam Village and that Lemarthi Agraharam, Ponnuru
LAOP .No.12/2007 ASCJC/AKP Page No. 12 ASCJC/AKP Dt. 26-06-2020.
Agraharam and Jagannadhapuram are the neighbouring villages of Thanam
village and that Ex.P.5 to Ex.P.11 are the documents relating to the year 1993,
1995, 1989, 1990, 1990 and 1991. The Reffering Officer as RW.1 in his cross
examination deposed that the Thanam Village is situated adjacent to
Parawada, Lemarthi Agraharam, Ponnuru Agraharam, Tadi, Bharanikam and
Edulapaka Bonangi. R.W.1 deposed that Ponnuru Agraharam, Parawada,
E.Bonangi and Thanam villages are situated side by side. R.W.1 voluntarily stated that Steel Plant acquired the lands upto Pinamadaka which is at a distance of 3 K.M from Thanam Village.
19.R.W.1 deposed that after Notification under Sec.4(1) of Land
Acquisition Act only they informed about acquisition of lands to the
cultivators and that they have to determine compensation under Sec.23 of
Land Acquisition Act and the Crucial Period is three (3) years prior to Sec.4(1)
of Notification and they have to ascertain the total Sale transactions taken
place in a particulars village from concerned Sub Registrar Department i.e.,
Sub Registrar Office. R.W.1 deposed that as per Award i.e., Ex.R.1 they have
collected total 50 sale transactions during crucial period.
20. R.W.1 deposed that the lands covered under Ex.P.5 and Ex.P.6 are relating to Thanam Village and admitted the fact stating that the Principal and
Additional Senior Civil Judge’s Courts, Anakapalle being the Reference Courts
arrived and fixed the enhanced compensation, in Award No. 10/95 to 13/95,
basing on Sale Deed dt.06121995 marked as Ex.P6. R.W.1 also admitted the
fact stating that as per Ex.P.5 the Reference Court also considered the sale
transactions relating to the neighbouring village i.e., Edulapaka Bonangi
Village. R.W.1 admitted stating that Ex.P.2 is the Consent Award, passed by
LAOP .No.12/2007 ASCJC/AKP Page No. 13 ASCJC/AKP Dt. 26-06-2020.
the then Land Acquisition Officer, in Award No.4/96 dt.24021996 which
document was considered by Reference Court in Ex.P.1. R.W.1 also admitted stating that Principal Senior Civil Judge’s Court, Anakapalle referred the
G.O.Ms.No.1050 Revenue (LA) Department in para 19 in Ex.P.1 and Ex.P.12 while enhancing the compensation amount and as per the above said G.O. the
Government has formed the Negotiation Committee which Committee passed
Consent Award.
21. Now let us discuss about the above said documents i.e., Ex.P.5 and
Ex.P.6 what they contain and what is the market value of lands covered under them as on which date.
22. The Claimants filed Xerox Copy of Registration Extract of
Registered Sale Deed dt.03111993 marked as Ex.P.5 which would disclosed
that it is a Registered Sale Deed executed in favour of Gorle China Babu and
Vennela Appadu by one Cheepurupalli Mahalakshmi in respect of land in
S.No.47/16 an extent Ac.006 cents = 230.4 Square Yards situated in Thanam
Village for Sale Consideration of Rs.6,000/ and which works out to
Rs.1,00,000/ per acre. The Claimant also filed Xerox Copy of Registration
Extract of Registered Sale Deed dt.06121995 marked as Ex.P.6 which would disclosed that it is a Registered Sale Deed executed in favour of Rayudu Apparao
by one Adduru Chinnodu and others in respect of land in S.No.65/3 an extent
Ac.078 cents = 387.2 Square Yards situated in Thanam Village for Sale
Consideration of Rs.11,700/ and which works out to Rs.1,45,200/ per acre.
23.The Claimants filed Xerox Copy of Registration Extract of
Registered Sale Deed dt.24101989 marked as Ex.P.7 which would disclosed
that it is a Registered Sale Deed executed in favour of Kapunukollu Leela
Srinivasarao by one Boddapu Kasulu and others in respect of land in
LAOP .No.12/2007 ASCJC/AKP Page No. 14 ASCJC/AKP Dt. 26-06-2020.
S.No.152/1037, 153/109, 154/1021, 155, 156/1028 and 157/2017 an extent
266.66 Square Yards situated in “Ganesh Nagar Layout” in Edulapaka Bonangi
Village for Sale Consideration of Rs.27,000/ and which works out to
Rs.4,90,000/ per acre.
24.The Claimants filed Xerox Copy of Registration Extract of
Registered Sale Deed dt.30011990 marked as Ex.P.8 which would disclosed
that it is a Registered Sale Deed executed in favour of Dr.Sajjavara Pratap by
one Suryadevera Ramakrishna and others in respect of land in S.No.121/10 an
extent Ac.050 cents out of Ac.178 cents situated in Edulapaka Bonangi
Village for Sale Consideration of Rs.75,000/ and which works out to
Rs.1,50,000/ per acre.
25.The Claimants filed Xerox Copy of Certified Copy of Registration
Extract of Registered Sale Deed dt.31031990 marked as Ex.P.7 which would
disclosed that it is a Registered Sale Deed executed in favour of Neelapu
Ramanababu by one Vechalapu Simhachalamma in respect of land in
S.No.267/3 an extent Ac.024 cents situated in Edulapaka Bonangi Village for
Sale Consideration of Rs.41,050/ and which works out to Rs.1,71,000/ per
acre.
26.The Claimants filed Xerox Copy of Certified Copy of Registration
Extract of Registered Sale Deed dt.04051991 marked as Ex.P.10 which would
disclosed that it is a Registered Sale Deed executed in favour of Gudala
Lakshmi Jhansi Bai by one Gorle Naidu in respect of land in S.No.198/4 an
extent Ac.016 cents situated in Edulapaka Bonangi Village for Sale
Consideration of Rs.31,200/ and which works out to Rs.1,95,000/ per acre.
LAOP .No.12/2007 ASCJC/AKP Page No. 15 ASCJC/AKP Dt. 26-06-2020.
27.Now let us have a glance into the contents of Award No.5/2006 dt.16
091995 marked as Ex.R.1 in order to ascertain on basis of which document
(Sale Deed or any previous Award) the Award in the present Land Acquisition
Original Petition (LAOP) was passed and in order to ascertain whether any
enhancement of compensation is required to be allowed or not. The discussion
of Award i.e., Ex.R.1 is just and essential for the above purpose.
28.As seen from in Page No.4 of Award marked as Ex.R.1 it discloses that
the then Land Acquisition Officer obtained 50 registered sale statistics from
Sub Registrar’s Office of Sabbavaram out of which 7 Sales are within the lands
under acquisition, 2 Sales are nearest to acquisition lands and the remaining
sale transactions are far away from acquired lands. As seen from the same Page
No.4 it is disclosed that the Sale Transactions No.1, 2, 4 to 12, 15, 17 to 22, 24
to 26, 28 to 34, 38 to 41, 43 to 50 are relating to the lands far away from the
lands under acquisition which are not reflecting true market value as such
they were not taken into consideration by the then LAO. As seen from the same
Page No.4 it also reveals that even though the lands under Sale Transactions
No.3, 16, 27, 35 to 37 and 42 are within the acquired lands, the extents of
lands are very meagre which do not reflect true market value of the lands
under acquisition as such the then Land Acquisition Officer not taken into consideration of those Sale transactions.
29.As seen from the same Page No.4 it is disclosed that the Sale
Transaction in respect of item No. 23 relating to the dry land an extent of Ac.0
25 cents in S.No.72/3 situated in Thanam Village (Thanam Village lands under
acquisition) is a Registered Statistics obtained from Sub Registrar’s Office,
Sabbavaram taken place on 14061991 for sale consideration of Rs.19,900/
LAOP .No.12/2007 ASCJC/AKP Page No. 16 ASCJC/AKP Dt. 26-06-2020.
which works out to Rs.79,600/ per acre and which land is a little bit away from the lands under acquisition and that Sale transactions in item No.13 and 14
relating to the lands an extent of Ac.007 cents and Ac.005½ cents) which
alleged to be small extents and which cannot reflect true market value as such those Sale transactions were discarded by the then Land Acquisition Officer.
30.As seen from Page No.5 of same Ex.R.1 it reveals that recently the
Collector of Visakhapatnam fixed, the market value of the acquired lands an
extent of Ac.4583 cents in Ponnuru Agraharam Village, as Rs.87,000/ per
acre for dry land and Rs.94,250/ per acre for wet land by passing Award
No.8/95 dt.23061995 and that since the Ponnuru Agraharam Village is
situated towards Northern side of Thanam Village and the lands in Thanam are
more fertile than those lands in Ponnuru Agraharam Village and that the Sale
transaction of Thanam Village reflects nearest to the market value to that of
Ponnuru Agraharam Village and in view of on coming projects (several) in and
around Thanam Village and to meet the ends of justice as such the then Land
Acquisition Officer has fixed the market value of acquired lands in Thanam
Village as Rs.87,000/ per acre for dry land and Rs.94,250/ per acre for wet
land apart from 30% Solatium and 12% Additional Market Value along with
other benefits as per Land Acquisition Act.
31. This Court would also like to draw a table in respect of particulars of land value ascertained by the Land Acquisition Officer and on which basis he arrived the market value of the acquired lands:
Total extent of Name ofMarket valueMarket value of Sl.Ex.Date ofacquired land andVillage ofof Dry land Wet land fixed by No.No.AwardAwardfixed by LAO LAO per acre
Survey Number of acquired lands
No. acquired Lands & Block No. per acre
LAOP .No.12/2007 ASCJC/AKP Page No. 17 ASCJC/AKP Dt. 26-06-2020.
Ac.4583 cents and
S.No.31, 33, 38 to 42, Tanam & IV
1.R.1
230695 8/95 44 and 45 Block Rs.87,000/ Rs.94,250/
32. This Court drawn the following table for particulars of the documents
i.e., Sale transaction relied on by Claimant for determination of compensation
by this Reference Court as on the date of acquisition for the sake of
convenience and easy reference:
SL.Ex.Date ofVendor/Vendee/Village ofS.NoArea inMarketRate as per Acre No.No.SaleSellerPurchaserlandSq.Yd/Value of DeedCentsland/ Ac.centvacant site Ch.MahaGorle ChinaTanam
031193 6,000
1.P.5lakshmi &Babu &47/ 006 1,00,000/ Ors.Anr. 16 cents (1,000/ per cent)
2.P.661295AdduruRayuduTanam 65/ 078 11,700 1,45,200/ ChinnoduApparao3 cents (1,452/ per & Ors cent)
3.P.7241089B.KasuluP.LeelaEdulapaka 152 266.66 27,000 4,84,800/ & OrsSrinivasaBonangi Sq.Ya to (4,848/ per Raords 158 cent)
4.P.8300190S.RamaS.V.PratapDo121/ 050 75,000 1,50,000/ krishna &10 cents (1,500/per Ors. cent)
5.P.9310390 SimhaNeelapuDo267/ 024 41050 1,71,000/ chalammaRamakrish3 cents (1,710/ per na cent)
6.P.10040591GorleGudalaDo198/ 016 31,200 1,95,000/ NaiduLakshmi4 cents (1,950/) Jhansi Bai
33. As seen from the above discussion of contents of Award i.e., Ex.R.1
it is disclosed that the then Land Acquisition Officer not relied on any Sale
transaction available either within the vicinity of acquired Village or
neighbouring Villages but taken into consideration of Market Value fixed as
LAOP .No.12/2007 ASCJC/AKP Page No. 18 ASCJC/AKP Dt. 26-06-2020.
Rs.87,000/ per acre for dry land and Rs.94,250/ per acre for wet land by the
Collector of Visakhapatnam vide Award No.8/95 dt.23061995 in respect of
lands acquired in Ponnuru Agraharam Village and as seen from material
available on record there is no such copy of above Award No.8/95 dt.2306
1995 and the sale statistics, perused and discarded by LAO, filed before court
for perusal and to ascertain whether the observation made by the Land
Acquisition Officer in Ex.R.1 in fixing compensation is correct or not and
whether it has to be enhanced or not.
34. It is well settled that mere referring a sale transaction in the award
cannot be treated as evidence in the absence of filing the said sale deed and
that If the transactions are prior to the notification, the highest value
depicted in the sale deed shall be taken into consideration for awarding
compensation.
35.At this juncture this Court would like to rely on 1992 (2) ALT 423 (DB) = 1992 LawSuit (AP) 47 held in between Land Acquisition Officer, SubCollector
Vs. Hindustan Commercial and Transport Company (P) Limited wherein the
Hon’ble High Court of A.P. (D.B) observed in para 4 that:
“It is well settled that where salestatistics have been considered by the
Land Acquisition Officer and where those documents have not been
marked after reference in the civil court, those documents cannot be
taken into consideration and they have no evidentiary value. This view
has been affirmed in Land Acquisition Officer, Vijayawada Thermal
Station v. Nutalapati Venkata Rao, 1990 (3) ALT 305 = 1991 (1) APLJ 99
(F.B.). It is only the documents that were marked in the civil court, can
be taken into consideration and none else.”
The Hon’ble High Court of A.P observed in para 5 that:
“If the transactions are prior to the notification, the highest value depicted in the sale deed shall be taken into consideration for awarding compensation.”
LAOP .No.12/2007 ASCJC/AKP Page No. 19 ASCJC/AKP Dt. 26-06-2020.
36.As seen from the citation it could be said that whenever there are no such documentary evidence, placed before court and not marked after
Reference in the Civil Court, on which the Land Acquisition Officer relied to
determine the compensation for the acquired land to the land owners, those documents cannot be taken into consideration as they have no evidentiary value and that the documents, which were produced before Court and marked,
only to be taken into consideration and it is also clear that highest value in
the referred sale deeds shall be taken into consideration in determining
compensation. In the instant LAOP also no such document, relied on by the
Land Acquisition Officer i.e., Award No.8/95 dt.23061995 apart from 50 sale
statistics, filed before this Reference Court as well as not marked and even
there is no such particulars of 50 documents noted in Ex.R.1 and so this Court
has no hesitation to say that the above Award No.8/95 relied by the then Land
Acquisition Officer in determining compensation cannot be taken into
consideration to say that the Land Acquisition Officer has correctly arrived
the market value.
37. When it is so it is for the Reference Court to discuss whether the
Claimants are entitled to any enhancement of compensation as claimed in this OP or not and whether the Claimants have placed any acceptable documentary evidence to resolve the controversy between the parties to OP in answering whether the Claimants are entitled to any enhancement of compensation amount arrived by the Land Acquisition Officer or not and what is the highest value of land covered under documents relied to determine correct compensation .
38. This Court would like to discuss on the above aspect of documentary evidence placed by the Claimants in support of their claim at later point of time.
LAOP .No.12/2007 ASCJC/AKP Page No. 20 ASCJC/AKP Dt. 26-06-2020.
39. This Court would say that in the absence of any other method of fixation of market value the comparable sales from the neighbouring village can be considered as per many judicial precedents.
40. It is well settled that in the absence of acceptable documentary evidence from the Land Acquisition Officer before the Court the assessment of
market value of the acquired land can be ascertained by taking into
consideration of topography, potentiality and advantages attached to and
available to the lands situated adjacent or side by side to the acquired lands.
41. At this juncture this Court would like to rely on 2004 LawSuit (SC) 764 = 2004 (10) SCC 627 = 2004 AIR(SC) 4135 held in between OM PRAKASH
V/S UNION OF INDIA wherein the Hon’ble Apex Court observed in para 3 that:
“Villages Bhorgarh, Kureni and Mamurpur are located side by side and the lands situated in these villages were used for agricultural purposes or purposes subservient thereto.”
The Hon’ble Apex Court observed in para 7 that:
“The only question argued before us was the assessment of the market value of the acquired lands as on the date of the Notification under Section 4 of the
Act. No other issue was canvassed. The High Court has correctly found
that the topography, potentiality and advantages attached to and
available to the lands in the five adjoining villages, namely, Bhorgarh,
Kureni, Mamurpur, Narela and Tikri Khurd were almost the same on the
date when the Notification under Section 4 was issued.”
42. As seen from the above citation it is clear that the assessment of
market value of the acquired land can be ascertained by taking into
consideration of topography, potentiality and advantages attached to and
available to the lands situated adjacent or side by side to the acquired lands.
In the instant LAOP the Land Acquisition Officer based on the Award No.8/95
relating to acquisition of lands situated in Ponnuru Agraharam village while
LAOP .No.12/2007 ASCJC/AKP Page No. 21 ASCJC/AKP Dt. 26-06-2020.
determining compensation of acquired lands in Thanam Village as such it can
be looked into the above lands situated adjacent to acquired lands.
43. Now let us discuss the documentary evidence placed by the Claimants to ascertain whether the Claimants are entitled for enhancement of compensation determined by the Land Acquisition Officer or not as because this court in the above paras observed that the Referring Officer has not placed the document i.e., sale transaction or Award No.8/95 dy.23061995 relied on by him for compensation.
44. At this juncture this Court would like to rely on 2014 LawSuit(SC) 826 = 2015 AIR(SC) 453 = 2015 (2) SCC 160 held in between NIRMAL SINGH ETC Vs.
STATE OF HARYANA AND ORS wherein the Hon’ble Apex Court observed in para 11 that:
“With respect to the general principles that are to be followed for determining just and reasonable compensation to land owners for acquisition of their land, we refer to the case of Smt. Tribeni Devi and Ors. v. Collector of Ranchi, 1972 1 SCC 480; in support of the same, wherein this Court held that: "4. This Court had in Special Land Acquisition Officer, Bangalore v. T.
Adinarayan Setty, 1959 Supp1 SCR 404, indicated at page 412 the methods
of valuation to be adopted in ascertaining the market value of the land
on the date of the notification under Section 4(1) which are : (i) opinion
of experts, (ii) the price paid within a reasonable time in bona fide
transactions of purchase of the lands acquired or the lands adjacent to
the lands acquired and possessing similar advantages; and (iii) a number
of years purchase of the actual or immediately prospective profits of the
lands acquired. These methods, however, do not preclude the Court from
taking any other special circumstances into consideration, the
requirement being always to arrive as near as possible an estimate of the
market value. In arriving to a reasonably correct market value, it may be
necessary to take even two or all of those methods into account
LAOP .No.12/2007 ASCJC/AKP Page No. 22 ASCJC/AKP Dt. 26-06-2020.
inasmuch as the exact valuation is not always possible as no two lands
may be the same either in respect of the situation or the extent or the
potentially nor is it possible in all cases to have reliable material from
which that valuation can be accurately determined."
The Hon’ble Apex Court observed in Para 12 that :
“A perusal of the record shows that there is significant variation in the
consideration paid in the array of sale instances submitted by the
parties. Moreover the consideration paid for the sale instances produced
by the appellants are in relation to small pieces of land which are near
the acquired land. To consider these small pieces of land as the basis for
determining just compensation to be paid to the appellants for the
acquired land as urged by the learned counsel for the appellants, we refer
to the legal principles laid down by this Court after examining the
relevant provisions of the Act in catena of cases. In Special Land
Acquisition Officer and Anr. v. M.K. Rafiq Saheb, 2011 7 SCC 714 this Court held as under: "24. It may also be noticed that in the normal course of events, it is hardly possible for a claimant to produce sale instances of large tracks of land. The
sale of land containing large tracks are generally very far and few.
Normally, the sale instances would relate to small pieces of land. This
limitation of sale transaction cannot operate to the disadvantage of the
Claimant. Thus, the Court should look into sale instances of smaller
pieces of land while applying reasonable element of deduction."
To determine the rate of compensation to be paid for the acquired land
when the same is made on the basis of sale deeds with respect to smaller
pieces of land, we have to make deductions in order to keep provision for
the developmental expenses that the acquirer has to incur. The principle of deductions in the determination of the compensation based on the sale instances of smaller pieces of land was established in Smt. Basavva and Ors.
v. Special Land Acquisition, 1996 9 SCC 640 wherein this Court held thus: "3. .On the principle of deductions in the determination of the compensation, this Court in K. Vasundara Devi v. Revenue Divisional Officer, LAO, 1995
LAOP .No.12/2007 ASCJC/AKP Page No. 23 ASCJC/AKP Dt. 26-06-2020.
AIR(SC) 2481 has considered the entire case law and has held that the Court, in the first instance, has to consider whether sales relating to smaller pieces of lands are genuine and reliable and whether they are in respect of comparable lands. In the event the Court finds that such sales are genuine and reliable and the lands have comparable features, sufficient deduction should be made to arrive at the just and fair market value of large tracks of land. The time lag for real development and the waiting period for development are also relevant consideration for determination of just and adequate compensation. Each case depends upon its own facts. For deduction of development charges, the nature of the development, conditions and nature of the land, the land required to be set apart under the building rules for roads, sewerage, electricity, parks, water etc, and all other relevant circumstances involved are to be considered."
A similar opinion was held in Bhagwathula Samanna and others v. Special
Tahsildar and Land Acquisition Officer, Visakhapatnam Municipality, 1991 4
SCC 506 wherein this Court held as under: "7. . In fixing the market value of a large property on the basis of a sale transaction for smaller property, generally a deduction is given taking into consideration the expenses required for development of the larger tract to make smaller plots within that area in order to compare with the small plots dealt with under the sale transaction.
The Hon’ble Apex Court observed in para 13 that:
“The proposition that large area of land cannot possibly fetch a price at
the same rate at which small plots are sold is not absolute proposition
and in given circumstances it would be permissible to take into account
the price fetched by the small plots of land .."
The Hon’ble Apex Court observed in para 13 that:
”Further, this Court has discussed the basis on which deductions on the market value should be made for the development of land, keeping in mind various factors that influence it. In the case of Viluben Jhalejar Contractor v.
State of Gujarat, 2005 4 SCC 789 wherein this Court held thus: "20. The amount of compensation cannot be ascertained with
mathematical accuracy. A comparable instance has to be identified
LAOP .No.12/2007 ASCJC/AKP Page No. 24 ASCJC/AKP Dt. 26-06-2020.
having regard to the proximity from time angle as well as proximity from
situation angle. For determining the market value of the land under acquisition, suitable adjustment has to be made having regard to various positive and negative factors vis vis the land under acquisition by placing the two in juxtaposition. The positive and negative factors are as under:
Positive factors Negative factors
1.smallness of size largeness of area
2.proximity to a roadsituation in the interior at a distance from the road
3.frontage on a roadnarrow strip of land with very small frontage compared to depth
4.nearness to developed lower level requiring the depressed portion area to be filled up
5.regular shaperemoteness from developed locality
6.level visavis land some special disadvantageous factors under which would deter a purchaser acquisition
7.special value for an owner of an adjoining property to whom it may have some very special advantage
21. Whereas a smaller plot may be within the reach of many, a large
block of land will have to be developed preparing a layout plan, carving
out roads, leaving open spaces, plotting out smaller plots, waiting for
purchasers and the hazards of an entrepreneur. Such development
charges may range between 20% and 50% of the total price."
Thus, when it comes to deductions for development of land, it can sway back and forth and can only be determined after carefully considering factors such as size of land, nearness to developed area, etc. as discussed in the above case.”
The Hon’ble Apex Court observed in para 14 that:
”Keeping in mind the guidelines laid down by this Court in the catena of
cases referred to supra, we are of the opinion to determine just and
reasonable compensation for the acquired land on the basis of the sale
instances as submitted by the appellants by taking the average of the
LAOP .No.12/2007 ASCJC/AKP Page No. 25 ASCJC/AKP Dt. 26-06-2020.
sale considerations mentioned therein that are relevant to the date of
issue of Notification under Section 4 of the Act. However, the same is to
be determined keeping in mind that developmental costs are higher for
larger areas of land as compared to small portions of land. The rate of
compensation must be subject to deductions towards developmental
purpose that will have to be incurred by the respondent State.
The Hon’ble Apex Court observed in para 15 that:
“Sale instances in relation to small pieces of land situated near the
acquired land can be considered, subject to (i) reasonable deductions for
developmental costs that will be incurred in the future as per the cases
referred to and (ii) the evidence that these lands can be compared to the
acquired land in terms of its vicinity and the comparable benefits and
advantages.”
45. As seen from the above citation it is clearly revealed that the Court
should look into sale instances of smaller pieces of land while applying
reasonable element of deduction keeping in mind the guidelines laid down by
Hon’ble Apex Court in the catena of cases referred to supra, determination of
just and reasonable compensation for the acquired land has to be made on the
basis of the sale instances as submitted by the Claimants by taking the
average of the sale considerations mentioned therein which are relevant to the
date of issue of Notification under Section 4 of the Act and the same has to be
determined keeping in mind that developmental costs are higher for larger
areas of land as compared to small portions of land and as such the rate of
compensation must be subject to deductions towards developmental purpose
that will have to be incurred by the respondent State.
46.As already this Court discussed in the above paras about filing of
documents by the Claimants which are important and relevant to answer the
LAOP .No.12/2007 ASCJC/AKP Page No. 26 ASCJC/AKP Dt. 26-06-2020.
issue involved in this LAOP and which are the Xerox Copy of Registration
Extract of Registered Sale Deed dt.03111993 marked as Ex.P.5 which would
disclosed that it is a Registered Sale Deed executed in favour of Gorle China
Babu and Vennela Appadu by one Cheepurupalli Mahalakshmi in respect of
land in S.No.47/16 an extent Ac.006 cents = 230.4 Square Yards situated in
Thanam Village for Sale Consideration of Rs.6,000/ and which works out to
Rs.1,00,000/ per acre. The Claimants also filed Xerox Copy of Registration
Extract of Registered Sale Deed dt.06121995 marked as Ex.P.6 which would disclosed that it is a Registered Sale Deed executed in favour of Rayudu Apparao
by one Adduru Chinnodu and others in respect of land in S.No.65/3 an extent
Ac.078 cents = 387.2 Square Yards situated in Thanam Village for Sale
Consideration of Rs.11,700/ and which works out to Rs.1,45,200/ per acre.
The Claimants filed Xerox Copy of Layout Map of Ganesh Nagar of Edulapaka
Bonangi marked as Ex.P.7 not visible as such this Court has no possibility to discuss on this document.
47.The Claimants filed Xerox Copy of Registration Extract of
Registered Sale Deed dt.24101989 marked as Ex.P.8 which would disclosed
that it is a Registered Sale Deed executed in favour of Kapunukollu Leela
Srinivasarao by one Boddapu Kasulu and others in respect of land in
S.No.152/1037, 153/109, 154/1021, 155, 156/1028 and 157/2017 an extent
266.66 Square Yards situated in “Ganesh Nagar Layout” in Edulapaka Bonangi
Village for Sale Consideration of Rs.27,000/ and which works out to
Rs.4,90,000/ per acre.
48.The Claimants filed Xerox Copy of Registration Extract of
Registered Sale Deed dt.30011990 marked as Ex.P.9 which would disclosed
that it is a Registered Sale Deed executed in favour of Dr.Sajjavara Pratap by
LAOP .No.12/2007 ASCJC/AKP Page No. 27 ASCJC/AKP Dt. 26-06-2020.
one Suryadevera Ramakrishna and others in respect of land in S.No.121/10 an
extent Ac.050 cents out of Ac.178 cents situated in Edulapaka Bonangi
Village for Sale Consideration of Rs.75,000/ and which works out to
Rs.1,50,000/ per acre.
49.The Claimants filed Xerox Copy of Certified Copy of Registration
Extract of Registered Sale Deed dt.31031990 marked as Ex.P.9 which would
disclosed that it is a Registered Sale Deed executed in favour of Neelapu
Ramanababu by one Vechalapu Simhachalamma in respect of land in
S.No.267/3 an extent Ac.024 cents situated in Edulapaka Bonangi Village for
Sale Consideration of Rs.41,050/ and which works out to Rs.1,71,000/ per
acre.
50.The Claimants filed Xerox Copy of Certified Copy of Registration
Extract of Registered Sale Deed dt.04051991 marked as Ex.P.10 which would
disclosed that it is a Registered Sale Deed executed in favour of Gudala
Lakshmi Jhansi Bai by one Gorle Naidu in respect of land in S.No.198/4 an
extent Ac.016 cents situated in Edulapaka Bonangi Village for Sale
Consideration of Rs.31,200/ and which works out to Rs.1,95,000/ per acre.
51.Now let us discuss the evidence of parties to this LAOP in respect of location of neighbouring villages whether they are situated to the proximity to the acquired lands and as to their location in order to ascertain whether the above documents can be taken into consideration for enhancing the market value fixed by the then Land Acquisition Officer or not.
52.As already discussed in the above paras by this Court it is the cross
examination of the 2 nd Claimant as P.W.1 that one Lemarthy Agraharam,
LAOP .No.12/2007 ASCJC/AKP Page No. 28 ASCJC/AKP Dt. 26-06-2020.
Ponnuru Agraharam and Jagannadhapuram Villages are the neighbouring
Villages of Thanam Village (Village under present acquisition) which was not
denied by the learned Assistant Government Pleader. The learned Assistant
Government Pleader posed a suggestion to P.W.1 stating that the land value was fixed as per Sale Deeds relating to neighbouring lands of Thanam is the correct one for which he denied the same. In this aspect the present Referring Officer who examined as R.W.1 in his cross examination deposed that the Thanam Village is
situated adjacent to Parawada, Lemarthi Agraharam, Ponnuru Agraharam,
Thadi, Bharanikam and Edulapaka Bonangi and the Thanam Village is situated
at a distance of 4 K.M from Lankelapalem junction and that Thanam village is
situated near to National Highway in a distance of 3 K.M which is adjacent to
Lankelapalem junction and further R.W.1 deposed that the Villages of Ponnuru
Agraharam, Parawada, E.Bonangi and Thanam are situated side by side.
53.Now let us discuss what is the market value of the lands available to the
Claimants of which village i.e., whether the Sale transactions are available within the acquired Thanam Village and whether there are any other sale transactions nearby or neighbouring lands of Thanam Village or not.
54. This Court already discussed about some sale statistics i.e., Xerox Copy of Certified Copy of Registration Extracts i.e., Ex.P.5 to Ex.P.10 which brief contents were narrated in the above paras and this Court also drawn table relating to the above documents showing the date of transactions, vendor and vendee, rate of land in cents as well as square yards agreed to be purchased under documents.
55.The Referring Officer as R.W.1 in his cross examination deposed that the crucial period is three years prior to 4(1) Notification and they have to ascertain the total transactions taken place in a particular village from concerned
Sub Registrar Department and as per Award the then Land Acquisition Officer
LAOP .No.12/2007 ASCJC/AKP Page No. 29 ASCJC/AKP Dt. 26-06-2020.
has collected 50 sale transactions in a crucial period. As per Award i.e.,
Ex.R.1 the crucial period is from 01091990 to 16111993. As seen from table drawn by this Court in the above paras it is disclosed that the documents noted in
Sl.No.1 and 2 dt:03111993 and 06121995 relates to acquired Thanam Village,
Sl.No.3 dt.24101989, Sl.No.4 to 6 dt.30011990, 31031990 and 04051991.
As seen from Ex.R.1 in Page No.4 noted about one Sale transaction relating to
Thanam Village in respect of dry land an extent of Ac.025 cents in S.No.72/3 which was transacted for Rs.19,900/ which works out to Rs.79,600/ per acre which is a little bit away to the lands under acquisition as such it was discarded by the then
Land Acquisition Officer.
56. The then LAO has referred two Sale transactions for the year
1991 in respect of lands an extent of Ac.007 and Ac.005½ cents which were
discarded as they are small extents but he has not referred Ex.P.10 dt.0405
1991 sale transaction in respect of land an extent of Ac.016 cents of
Edulapaka Bonange for sale consideration of Rs.31,200/ which works out to
Rs.1,95,000/ per acre and as seen from Ex.R.1 the said Ex.P.10 not discussed by the LAO to say whether it is a bonafide transaction or not and whether the same can be taken into consideration in fixing market value of acquired land or not. This
Court would like to discuss about this document a bit latter as and when
necessary. The then Land Acquisition Officer also not taken into
consideration of Ex.P.5 which is a Sale transaction dt.03111993 in respect of
land situated in Thanam Village and there was no whisper about the said
Ex.P.5 and in which circumstances it is just and essential to take into
consideration of Ex.P.5 in ascertaining whether any enhancement of
compensation is necessary or not.
LAOP .No.12/2007 ASCJC/AKP Page No. 30 ASCJC/AKP Dt. 26-06-2020.
57.This Court perused the Certified Copies of Decree and Order in
LAOP.No.33/1998 and Batch cases as well as LAOP.No.19/2007 marked as
Ex.P.1 and Ex.P.11 and found that the then learned Senior Civil Judge of
Senior Civil Judge’s Court, Anakapalle discussed Ex.P.5 dt.06121995 even
though it relates to Post Notification Date and taken into consideration in
fixing/enhancing the compensation to Rs.1,00,000/ per acre for dry land and
Rs.1,05,000/ per acre for wet land. This Court would say that when the
Claimants have filed Sale transactions for crucial period relating to Thanam
village as well as neighbouring Village i.e., Edulapaka Bonangi relating to
crucial period as well as a few months prior to 4(1) Notification i.e., crucial
period which documents were not collected and discussed by the then LAO to
say (even though it is a sale transaction prior to 4(1) Notification and its value
is within a reasonable price as such it could be safe to rely on this document)
whether those documents can be taken into consideration or not in fixing
Compensation at the initial stage of passing Award, this Court did not incline
to take into consideration of Ex.P.6 but inclined to look into Ex.P.7 and Ex.P.8 for fixing/enhancing compensation. When we look into Ex.P.7 which is a Sale
transaction relating to the year 1989 much prior to 4(1) Notification, it
discloses that the sale of property, situated in Layout, took place in Square
Yards which works out to Rs.4,84,800/ per acre relating to Edulapaka
Bonangi Village and when this Sale transaction is compared with other sale
transactions shown in the table drawn by this Court in the above paras the
value of land covered under Ex.P.7 shall not be taken into consideration which
is abnormal value and which in the opinion of this Court is not a sale
transaction to be considered for fixing compensation and it can be safely be
set aside.
LAOP .No.12/2007 ASCJC/AKP Page No. 31 ASCJC/AKP Dt. 26-06-2020.
58. Since it is the evidence of Referring Officer that the Villages of
Ponnuru Agraharam, Parawada, E.Bonangi and Thanam are situated side by
side as such it is just, essential and proper to consider the sale transactions in
Thanam and neighbouring Edulapaka Bonangi Village in arriving the correct
market value of the acquired land in this LAOP.
59. At this juncture, this Court would like to discuss on citation 2014
LawSuit(SC) 826 = 2015 AIR(SC) 453 = 2015 (2) SCC 160 held in between
NIRMAL SINGH ETC Vs. STATE OF HARYANA AND ORS which was already
discussed by this Court in the above paras and wherein the Hon’ble Apex Court held that the Court should look into sale instances of smaller pieces of land
while applying reasonable element of deduction and for determination of just
and reasonable compensation for the acquired land has to be made on the
basis of the sale instances as submitted by the Claimant by taking the average
of the sale considerations mentioned therein which are relevant to the date of
issue of Notification under Section 4 of the Act.
60.It is just and essential to calculate the average amount of market
value from the Sale transactions filed and marked by the Claimant relating to
Thanam and Edulapaka Bonangi which are neighbouring villages situated side
by side as per evidence of Referring Officer. One of the Claimant i.e., P.W.1
filed four Sale Transactions under Ex.P.5, Ex.P.8 to Ex.P.10 (Xerox Copy of
Registration Extract of Registered Sale Deed dt.03111993, Xerox Copy of
Registration Extract of Registered Sale Deed dt.30011990, Xerox Copy of
Certified Copy of Registration Extract of Registered Sale Deed dt.31031990
and Xerox Copy of Certified Copy of Registration Extract of Registered Sale
LAOP .No.12/2007 ASCJC/AKP Page No. 32 ASCJC/AKP Dt. 26-06-2020.
Deed dt.04051991) in respect of Sale Consideration of Rs.1,00,000/,
Rs.1,50,000/, Rs.1,71,000/ and Rs.1,95,000/ per acre respectively.
61.The average amount would come from the above market value
amount is Rs.1,54,000/ (Rs.1,00,000/ + Rs.1,50,000/ + Rs.1,71,000/ +
Rs.1,95,000/ = Rs.6,16,000/ / 4 = Rs.1,54,000/ rounded to Rs.1,50,000/)
and this Court found that it is just and proper to fix Rs.1,50,000/.
62.This Court would like to discuss some aspects to arrive the above
compensation amount as because the then Land Acquisition Officer has not
collected Ex.P.5 (Registered Sale Deed dt.03111993) from Sub Registrar ’ s
Office, Sabbavaram and not discussed whether it is a genuine one or not by
examining seller and buyer and in the absence this exercise by the then Land
Acquisition Officer it could be said that the above said document has to be
taken into consideration by this Reference Court in calculating the correct
market value and compensation. When this document i.e., Ex.P.5 is taken
into consideration the minimum market value of the land in Thanam Village
even in the year 1993 i.e., within the crucial period is prevailing as on the
date of fixing market value by the then Land Acquisition Officer. The other
sale transactions considered by this Reference Court in the above paras are
Ex.P.8 to Ex.P.10 (Sale transactions dt.30011990, 31031990 and 0405
1991) relating to the land located in neighbouring village i.e., Edulapaka
Bonangi Village which is situated by the side of Thanam Village as per
evidence of Reffering Officer i.e., R.W.1 and in the above said sales the market
value of land is Rs.1,50,000/, Rs.1,71,000/ and Rs.1,95,000/. When the
market value of land in Edulapaka Bonangi Village is minimum Rs.1,50,000/
and when the lands in Thanam Village are more fertile having surrounded by
Visakha Steel Plant, Niraj Petro Chemicals, HPCC. NTPC at Parawada, Railway
LAOP .No.12/2007 ASCJC/AKP Page No. 33 ASCJC/AKP Dt. 26-06-2020.
Station, Junior College, Government and Private Hospitals, Public and Private
transportation So the market value of the acquired as per evidence of
Referring Officer as R.W.1, definitely the then Land Acquisition Officer ought
to have increased the market value than Rs.87,000/ per acre for dry lands at
the time of passing of present Award under Ex.B.1 and in which circumstances
it could be said that the market value of acquired lands should be in between
Rs.1,00,000/ and Rs.1,95,000/ and accordingly in view of Hon ’ ble Apex
Court ’ s citation sdiscussed in the above paras taken average market value of
above four documents i.e., sales under Ex.P.5, Ex.P.8 to Ex.P.10 and came to
conclusion by arriving the market value of acquired land as on the date of
acquisition as Rs.1,50,000/.
63.The Claimants filed Certified Copy of Award No.4/96 dt.24021996 i.e.,
Ex.P.2, Xerox Copy of Certified Copy of Award No.18/96 and Award No. 10/98 dt.27031996 and 29121998 respectively marked as Ex.P.3 and Ex.P.4. R.W.1 in respect of Ex.P.2 admitted the same as Consent Award. As seen from Ex.P.3 and
Ex.P.4 are also Consent Awards basing on Negotiation Committee formed by
the Government in order to not to face this type of prolonged present
litigation and to put an end to the acquisition proceedings by providing some
permanent and good solution for land loosers. As seen from above Consent
Awards the market value arrived with consent about more than Rs.2,00,000/.
In the opinion of this Court and when taking into this Consent Awards also the
market value of acquired lands has to be in between Rs.1,00,000/ to
Rs.2,00,000/.
64.Now let us discuss whether any deductions have to be made while determining the correct market value of the acquired lands or not.
LAOP .No.12/2007 ASCJC/AKP Page No. 34 ASCJC/AKP Dt. 26-06-2020.
65.It is relevant point of time again to go and extract evidence of Referring
Officer what is his evidence in development of surrounding area and whether any expenditure has to be incurred for development of acquired land i.e., post acquisition expenses for development. It is the evidence of chief examination of
R.W.1 that the main object of Corporation is to acquire land for development of lands with infrastructure facility into industrial area to allot plots to Entrepreneurs for industrial purpose. R.W.1 in his cross examination also admitted the fact
stating that as on the date of acquisition under Ex.R.1 there are Visakha Steel
Plant, Niraj Petrochemicals, HPCC, NTPC at Parawada, Railway Station, Junior
College, Government and Private Hospitals, Public and Private transplantation
are situated in and around the acquired land. There is no denial by the
learned Counsel for Referring Officer about the fact deposed by the Claimant
as P.W.1 that there is a Railway track between Thanam Village and
Lankelapalem Village as well as Yeleru Canal in between the border of
Lemarthi Village and Lankelapalem village and the said Yeleru Canal is
situated at a distance of 4 furlongs from Thanam Village due to which it can be
inferred about potentiality of acquired lands in Thanam Village. When it is so, the Land Acquisition Officer ought to have determined more amount than the one fixed by him as on the date of acquisition apart from the observation the then Land
Acquisition Officer in Ex.R.1 that the lands in Thanam Village are more fertile than the acquired Ponnuru Agraharam Village and there are several projects are coming in and around Thanam Village.
66.The main object of acquisition of lands for industrial purpose was
not denied by the learned counsel for the Claimants as because there may not
be any such question since his lands were acquired for that purpose only and if
there is no such purpose the question of acquisition does not arise.
LAOP .No.12/2007 ASCJC/AKP Page No. 35 ASCJC/AKP Dt. 26-06-2020.
67.This Court would say that whenever the acquired land was not fully developed and the acquisition itself for development of lands and there may be investment of expenditure and some acquired land has to be kept for roads, amenities, etc., and it requires just, fair and proper deduction towards development charges out of the average price worked out.
68. At this juncture this Court would like to rely 2017 LawSuit(SC) 693 = 2017 AIR(SC) 3330 = 2017 (8) SCC 558 held in between VITHAL RAO AND
ANOTHER ETC; ANNAPPA SINCE DEAD BY HIS LRS AND ORS VS. SPECIAL
LAND ACQUISITION OFFICER wherein the Hon’ble Apex Court observed in para 26 that :
“In Chimanlal Hargovinddas vs Special Land Acquisition Officer, Poona &
Anr, 1988 3 SCC 751, this Court dealt with the question as to how the Court should determine the valuation of the lands under acquisition and what broad principle of law relating to acquisition of land under the Act should be kept in consideration to determine the proper market value of the acquired land.”
The Hon’ble Apex Court observed in para 27 that :
“In Para 4 of the judgment, this Court laid down as many as 17 principles, which are reproduced below for perusal:
"(1) to (4) .
(5) The market value of land under acquisition has to be determined as on the crucial date of publication of the notification under Section 4 of the Land
Acquisition Act (dates of notifications under Sections 6 and 9 are irrelevant).
(6) xxxxxxxx (7) In doing so by the instances method, the court has to correlate the market value reflected in the most comparable instance which provides the index of market value.
(8) Only genuine instances have to be taken into account. (Sometimes instances are rigged up in anticipation of acquisition of land.) (9) Even postnotification instances can be taken into account (1) if they are very proximate, (2) genuine and (3) the acquisition itself has not motivated the
LAOP .No.12/2007 ASCJC/AKP Page No. 36 ASCJC/AKP Dt. 26-06-2020.
purchaser to pay a higher price on account of the resultant improvement in development prospects.
(10) The most comparable instances out of the genuine instances have to be identified on the following considerations:
(i) proximity from time angle,
(ii) proximity from situation angle.
(11) Having identified the instances which provide the index of market
value the price reflected therein may be taken as the norm and the
market value of the land under acquisition may be deduced by making
suitable adjustments for the plus and minus factors visàvis land under
acquisition by placing the two in juxtaposition.
(12) A balancesheet of plus and minus factors may be drawn for this purpose and the relevant factors may be evaluated in terms of price variation as a prudent purchaser would do.
(13) The market value of the land under acquisition has thereafter to be deduced by loading the price reflected in the instance taken as norm for plus factors and unloading it for minus factors.
(14) The exercise indicated in clauses (11) to (13) has to be undertaken in a common sense manner as a prudent man of the world of business would do. We may illustrate some such illustrative (not exhaustive) factors:
Plus factors Minus factors
1. smallness of size1. largeness of area
2. situation in the interior at a distance
2. proximity to a roadfrom the Road
3. narrow strip of land with very small
3. frontage on a roadfrontage compared to depth
4. lower level requiring the depressed
4. nearness to developed portion to be area filled up
5. regular shape5. remoteness from developed locality
6. level visavis land under 6. some special disadvantageous factor Acquisitionwhich would deter a purchaser
7. special value for an owner of an adjoining property to whom it may have some very special advantage (15) The evaluation of these factors of course depends on the facts of
each case. There cannot be any hard and fast or rigid rule. Common
sense is the best and most reliable guide. For instance, take the factor
LAOP .No.12/2007 ASCJC/AKP Page No. 37 ASCJC/AKP Dt. 26-06-2020.
regarding the size. A building plot of land say 500 to 1000 sq. yds. cannot be compared with a large tract or block of land of say 10,000 sq. yds. or more.
Firstly while a smaller plot is within the reach of many, a large block of land will have to be developed by preparing a lay out, carving out roads, leaving open space, plotting out smaller plots, waiting for purchasers (meanwhile the invested money will be blocked up) and the hazards of an entrepreneur. The
factor can be discounted by making a deduction by way of an allowance
at an appropriate rate ranging approximately between 20 per cent to 50
per cent to account for land required to be set apart for carving out lands
and plotting out small plots. The discounting will to some extent also
depend on whether it is a rural area or urban area, whether building
activity is picking up, and whether waiting period during which the
capital of the entrepreneur would be locked up, will be longer or shorter
and the attendant hazards.
(16) Every case must be dealt with on its own fact pattern bearing in mind all these factors as a prudent purchaser of land in which position the judge must place himself.
(17) These are general guidelines to be applied with understanding informed with common sense."
The Hon’ble Apex Court observed in para 28 that :
“These principles are invariably kept in mind by the Courts while determining the market value of the acquired lands (see also Union of India vs. Raj Kumar
Baghal Singh (Dead) Through Legal Representatives & Ors, 2014 10 SCC 422.
The Hon’ble Apex Court observed in para 29 that :
“In addition to these principles, this Court in several cases have also laid
down that while determining the true market value of the acquired land
and especially when the acquired land is a large chunk of undeveloped
land, it is just and reasonable to make appropriate deduction towards
expenses for development of acquired land. It has also been consistently
held that at what percentage the deduction should be made vary from
10% to 86% and, therefore, the deduction should be made keeping in
mind the nature of the land, area under acquisition, whether the land is
developed or not and, if so, to what extent, the purpose of acquisition,
LAOP .No.12/2007 ASCJC/AKP Page No. 38 ASCJC/AKP Dt. 26-06-2020.
etc., It has also been held that while determining the market value of
the large chunk of land, the value of smaller piece of land can be taken
into consideration after making proper deduction in the value of lands
and when sale deeds of larger parcel of land are not available. This Court has also laid down that the Court should also take into consideration the potentiality of the acquired land apart from other relevant considerations.
This Court has also recognized that the Courts can always apply
reasonable amount of guesswork to balance the equities in order to fix a
just and fair market value in terms of parameters specified under
Section 23 of the Act. (See Trishala Jain & Anr. Vs. State of Uttaranchal
& Anr. , 2011 6 SCC 47).
The Hon’ble Apex Court observed in para 31 that :
“Taking into account the factual scenario of the acquired land and having regard to the totality of the circumstances taken note of supra, we are of the considered view that it would be just, fair and proper to take out the average value of these plots. Since the acquired land is not fully developed and it
requires for construction of rehabilitation centre, it would be just, fair
and proper to deduct 40% of the amount towards development charges
out of the average price worked out. Such deduction is permissible in law
( Land Acquisition Officer Revenue Divisional Officer, Chittor vs. L.
Kamalamma Dead by LRs. & Ors. Etc , 1998 2 SCC 385).
69. As seen from the above said citation it could be said that some
deduction of just, fair and proper amount towards development charges has to
be made from the average market value arrived by the court. In the instant
LAOP also since the acquisition of lands under present Award itself for
development of lands with infrastructure facility into industrial area as such
certainly deduction of amount towards development charges has to be made.
70.P.W.1 deposed that after establishment of factories the acquired
land is not used for dwelling purpose. As seen from record and evidence there
is no whisper about providing rehabilitation and that after acquisition of land
LAOP .No.12/2007 ASCJC/AKP Page No. 39 ASCJC/AKP Dt. 26-06-2020.
the Government has not provided any rehabilitation. Even though it is the allegation of Claimants in their Claim Statement that compensation was not given for some of the trees, surprise to this Court P.W.1 in his cross examination admitted stating that the Horticulture Department ascertained trees value at the time of acquisition but stated that compensation was not paid for some other trees. Here it is just and essential to have a glance into Copy of Award marked as Ex.R.1 at Page 6 in respect of trees noted that there are standing trees like Palmyrah, Mango,
Coconut, Cashew trees in the acquired lands and that fruit bearing trees like
Mango, Coconut, Cashew trees are valued by the Horticulture Office of
Visakhapatnam and the value furnished by Horticulture Officer has been adopted in this Award and the value of the scattered trees has been arrived at as per
G.O.Ms.No.601, Rev(LA) Dept. dt.19061992. No such record filed by the Land
Acquisition Officer to show the trees in acquired lands were valued by the
Horticulture Department and as such it has no credibility in this aspect which clearly discloses that there are trees existing in the acquired lands.
71.The learned Counsel for the Claimants quoted citation i.e., 1994 (1) ALT 4 (NRC) in respect of consideration of Awards of neighbouring villages. With great respect to the Hon’ble High Court of A.P. this court would like to say that this citation has no application to the facts and circumstances of this court and this court answered the reference in detail with reasons.
72.The learned Counsel for the Claimants quoted citation i.e., AIR 1971 SC 1253 and 1998 (1) LACC 61 in respect of consideration of gradual increase of land prices in the area under acquisition. With great respect to the Hon’ble Apex Court this court would like to say that this citation has no application to the facts and circumstances of this court and this court answered the reference in detail with reasons.
73.The learned Counsel for the Claimants quoted citation i.e., AIR 1972
Madras 170 in respect of the authority that highest price of fair transaction can be
LAOP .No.12/2007 ASCJC/AKP Page No. 40 ASCJC/AKP Dt. 26-06-2020.
taken into consideration at the time of fixing market value of lands under acquisition. With great respect to the Hon’ble High Court of Madras this court would like to say that this citation has no application to the facts and circumstances of this court and this court answered the reference in detail with reasons.
74.The learned Counsel for the Claimants quoted citation i.e., AIR 1985
Delhi 298 and AIR 1989 Delhi 310 in respect of authority that similar developments and potentiality in neighbouring villages can also be taken into consideration for fixing market value of acquired lands. With great respect to the Hon’ble Court of
Delhi this court would like to say that this citation has no application to the facts and circumstances of this court and this court answered the reference in detail with reasons.
75. The learned Counsel for the Claimants quoted citation i.e., An.W.R 1975 28 in respect of the authority that sale transactions of neighbouring villages can be taken into consideration at the time of fixing market value of lands under acquisition. With great respect to the Hon’ble High Court of A.P this court would like to say that this citation has no application to the facts and circumstances of this court as because this court made application of suitable and relevant citation of
Hon’ble Apex Court.
76. The learned Counsel for the Claimants quoted citation i.e., AIR 1986
Delhi 140 in respect of the authority that potential value of acquired land and its capable possibility in future can be taken into consideration at the time of fixing market value of lands under acquisition. With great respect to the Hon’ble High
Court of Delhi this court would like to say that this citation has no application to the facts and circumstances of this court and this court answered the reference in detail with reasons.
77. The learned Counsel for the Claimants quoted citation i.e., AIR
2001 SC 1117 with regard to the authority that Certified Copies of Sale deeds
LAOP .No.12/2007 ASCJC/AKP Page No. 41 ASCJC/AKP Dt. 26-06-2020.
produced in the LAOP cases can be considered without examining its vendor or
vendee to fix compensation to the Claimant. This Court would say that those
citations are squarely applicable to the present facts and circumstances of this
LAOP.
78.The learned Counsel for the Claimants quoted citation i.e., AIR
2001 SC 3516 with regard to the authority of awarding interest on Solatium in
view of compulsory acquisition. With great respect to the Hon ’ ble Apex Court
this Court would say that this citation is applicable to the present facts and
circumstances of this LAOP at the time passing of Award while passing order
in respect of enhancing market value.
79.The learned Counsel for the Claimants quoted citation i.e., 2003 (6)
ALD 686 (DB) with regard to the authority that application of post notification sales can also be considered for determination of quantum of compensation to acquired lands. With great respect to the Hon’ble High Court of A.P this court would like to say that this citation has no application to the facts and circumstances of this case.
80.In view of the above discussion it is just and essential to make deduction of amount towards development charges from the amount arrived by this
Court in the above paras. Since this Court arrived at Rs.1,50,000/ and
deductions towards development charges are essential as such this Court came
to conclusion to deduct at 20% from the arrived Rs.1,50,000/ which is
Rs.30,000/ and deducting the said amount it will come to Rs.1,20,000/ per
acre for Dry Land and accordingly this Court being Reference Court fixed
Rs.1,30,000/ per acre for Wet Land. Hence this reference is answered in
favour of Claimants.
In the result, this LAND ACQUISITION ORIGINAL PETITION is allowed as follows:
LAOP .No.12/2007 ASCJC/AKP Page No. 42 ASCJC/AKP Dt. 26-06-2020.
i) The market value is fixed at Rs.130,000/ per acre for the Wet land an extent of Ac.0.55 cents i.e., Wet land an extent of Ac.055 cents in S.No.42/3, 45/12, 45/30, 45/32, 45/39, 45/45 is situated in Thanam Village of Parawada Mandal which was occurred by the Government under Award No.12/95, dated 16091995.; ii)The Claimants are entitled to the Additional Market Value payable under Sec.23(1A) of the Land Acquisition Act at 12% p.a on the market value determined under Sec.23 (1) of the Act from the date of publication of the Draft Notification under Sec.4 (1) of the Act to the date of Award.; iii)The Claimants are entitled to the payment of Solatium at 30% under Sec.23 (2) of the Act on the enhanced market value determined under Sec.23(2) of the Act in consideration of the compulsory nature of acquisition; iv) The Claimants are entitled to payment of interest under Sec.34 of the Act on the enhanced compensation at 9% p.a for one year and at 15% p.a, thereafter from the date of taking possession of the lands which is also the date of passing of the award till the amount is paid or deposited into Court;
v) The compensation already received by the deceased Claimant by name Rongali Appanna including his L.Rs i.e., 2 nd and 3 rd Claimants shall be deducted from the enhanced compensation payable under this Order; vi) But in the circumstances both parties do bear its own costs.
Typed to my dictation by Stenographer, corrected and pronounced by me in open court on this the 26th day June, 2020.
ADDITIONAL SENIOR CIVIL JUDGE
ANAKAPALLE.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR CLAIMANTS:FOR REFERRING OFFICER: P.W.1: Rongali Demudamma. R.W.1: S.D.Anitha (LAO).
DOCUMENTS MARKED
FOR CLAIMANTS:
Ex.P-1Xerox copy of certified copy of Decree and order in LAOP No.33/1998 in respect of Award No.12/1995, dt. 6-6-2005
Ex.P-2Xerox copy of certified copy of Award No.4/1996 dated 24-02-1996 in respect of lands of Eedulapaka Bonanji Village dated 24-02-1996
LAOP .No.12/2007 ASCJC/AKP Page No. 43 ASCJC/AKP Dt. 26-06-2020.
Ex.P-3Xerox copy of certified copy of Award No.18/1996 dated 27-03-1996 in respect of lands of Tadi Village
Ex.P-4Xerox copy of Certified Copy of Award No.10/1998 dated 29-12-1998 in respect of lands of Cheepurapalli Village
Ex.P-5Xerox copy of certified copy of Registration Extract of Sale deed dated 03-11- 1993 bearing document No.3237/1993 in favour of Gorle China Babu in respect of Tanam Village
Ex.P-6Xerox copy of certified copy of Registration Extract of Sale deed dated 06-12- 1995 bearing document No.3350/1995 in favour of Rayudu Appa Rao in respect of Tanam Village
Ex.P-7Xerox copy of certified copy of Registration Extract of Sale deed dated 24-10- 1989 in favour of P.Leela Srinivasa Rao in respect of Eedulapaka Bonangi Village
Ex.P-8Xerox copy of certified copy of Registration Extract of Sale deed dated 30-01- 1990 in favour of S.V.Pratap in respect of Eedulapaka Bonangi Village
Ex.P-9Xerox copy of certified copy of Registration Extract of Sale deed dated 31-03- 1990 in favour of Neelapu Ramakrishna in respect of Eedulapaka Bonangi Village
Ex.P-10Xerox copy of certified copy of Registration Extract of Sale deed dated 04-05- 1991 in favour of Gudala Laxmi Jhansi Bhai in respect of Eedulapaka Bonangi Village
Ex.P-11Xerox copy of certified copy of Decree and order in LAOP No.19/2007 in respect of Award No.12/1995 dated 30-04-2018
FOR REFERRING OFFICER: Ex.R.1: Award No.12/95 dt.16091995.
ADDITIONAL SENIOR CIVIL JUDGE
ANAKAPALLE.
LAOP .No.12/2007 ASCJC/AKP Page No. 44 ASCJC/AKP Dt. 26-06-2020.
Date of Presentation: 02.01.1997 Date of Filing : 12.02.2007
IN THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE:: ANAKAPALLE.
Present : Sri K.K.V.Buli Krishna
Additional Senior Civil Judge,
Anakapalle.
Dated: Thursday, this the 27th day of February, 2020.
L.A.O.P. No.23/2007
Between:
1. Rongali Demudu S/o late Pydithalli (died).
2. Rongali Yerrayamma, W/o late Demudu, Hindu, aged 70 years, R/at Thanam Village, Paravada Mandal, Visakhapatnam District.
3. Rongali Pydumnaidu W/o late Demudu, Hindu, aged 47 years, R/at Thanam Village, Paravada Mandal, Visakhapatnam District. … Claimants.
Vs.
Land Acquisition Officer and Spl. Dy. Collector (L.A), APIIC, Visakhapatnam. …Referring Officer.
(2nd and 3rd Claimants impleaded as per orders of this Court in I.A.No.235/2019 dt.21112019.)
This is a Reference filed u/Sec.18 of Land Acquisition Act, 1894 by the
L.A officer cum Special Dy. Collector (L.A), APIIC, Visakhapatnam on the protest made by the deceased Claimant by name Rongali Demudu, whose L.Rs. impleaded
as 2nd and 3rd Claimants as per orders of this Court in I.A.No.235/2019 dt.2111
2019 and whose Wet land an extent of Ac.0.28 cents i.e., Wet land an extent of
Ac.015 cents in S.No.38/9, Ac.0.03 cents in S.No.38, Ac.0.10 cents in S.No.47. Dry land in an extent of 0.23 cents in S.No.31/3 is situated in Thanam Village of
Parawada Mandal which was occurred by the Government under Award No.12/95,
dated 16091995.
This case coming before me on 19.02.2020 for final hearing in the presence of Sri M.Pydiraju, Advocate for the Claimant and Sri R.Govindaraju,
Advocate for the Referring Officer, having heard on both sides, having perused the
LAOP .No.12/2007 ASCJC/AKP Page No. 45 ASCJC/AKP Dt. 26-06-2020.
material papers and having stood over for consideration till this day, this Court doth order and:
D E C R E E
1. The market value is fixed at Rs.130,000/ per acre for the Wet land an extent of Ac.0.28 cents i.e., Wet land an extent of Ac.015 cents in S.No.38/9, Ac.0.03 cents in S.No.45/38 Ac.0.10 cents in S.No.45/47. The market value is fixed at Rs.1,20,000/ per acre for the Dry land in an extent of 0.23 cents in S.No.31/3 is situated in Thanam Village of Parawada Mandal which was occurred by the Government under Award No.12/95, dated 16091995.;
2. The Claimants are entitled to the Additional Market Value payable under Sec.23(1A) of the Land Acquisition Act at 12% p.a on the market value determined under Sec.23 (1) of the Act from the date of publication of the Draft Notification under Sec.4 (1) of the Act to the date of Award.;
3. The Claimants are entitled to the payment of Solatium at 30% under Sec.23 (2) of the Act on the enhanced market value determined under Sec.23(2) of the Act in consideration of the compulsory nature of acquisition;
4. The Claimants are entitled to payment of interest under Sec.34 of the Act on the enhanced compensation at 9% p.a for one year and at 15% p.a, thereafter from the date of taking possession of the lands which is also the date of passing of the award till the amount is paid or deposited into Court;
5. The compensation already received by the deceased Claimant by name Rongali Demudu including his L.Rs i.e., 2nd & 3rd Claimants shall be deducted from the enhanced compensation payable under this Order;
6. that there be no order as to costs.
Given under my hand and seal of this court, this the 26th day of February, 2020.
Addl. Senior Civil Judge, Anakapalle.
Memorandum of Costs
No costs memo is filed on either side.
Addl. Senior Civil Judge, Anakapalle.
LAOP .No.12/2007 ASCJC/AKP Page No. 46 ASCJC/AKP Dt. 26-06-2020.
LAOP .No.13/2007 ASCJC/AKP Page No. 1 ASCJC/AKP Dt. 26-06-2020.
IN THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE:: ANAKAPALLE.
Present : Sri K.K.V.Buli Krishna
Additional Senior Civil Judge,
Anakapalle.
Dated: Friday, this the 26th day of June, 2020.
L.A.O.P. No.13/2007
Between:
1. Rongali Paradesamma (died) W/o late Simhachalam.
2. Rongali Apparao, S/o Simhachalam, age 50 years, Hindu, R/at Thanam Village, Paravada Mandal, Visakhapatnam District.
… Petitioners.
Vs.
Special Deputy Collector (LA) APIIC, Visakhapatnam …Referring Officer.
(2nd Claimant impleaded as per orders of this Court in I.A.No.233/2019 dt.16092019.)
This case coming before me on 19.06.2020 for final hearing in the presence of Sri M.Pydiraju, Advocate for the Claimant and Sri R.Govindaraju,
Advocate for the Referring Officer, having heard on both sides through blue jeans app video conference having perused the material papers and having stood over for consideration till this day, this Court made the following:
O R D E R
This is a Reference filed u/Sec.18 of Land Acquisition Act, 1894 by the L.A officer cum Special Dy. Collector (L.A), APIIC, Visakhapatnam on the protest made by the deceased Claimant by name Rongali Paradesamma, whose L.Rs.
impleaded as 2nd Claimant as per orders of this Court in I.A.No.233/2019 dt.1609 2019 and whose Wet land an extent of Ac.0.19 cents i.e., Wet land an extent of
Ac.019 cents in S.No.45/5 and 45/23 situated in Thanam Village of Parawada
Mandal which was occurred by the Government under Award No.12/95, dated 16 091995.
LAOP .No.13/2007 ASCJC/AKP Page No. 2 ASCJC/AKP Dt. 26-06-2020.
2.Brief narration of facts led to the present this Reference : “The APIIC Limited, Hyderabad has sent a requisition for the acquisition of the lands for an extent of Ac.134.74 cents in Thanam village of Parawada Mandal for establishment of ancillaries to Petro
Chemical Complex upon which the requisitioned land was split up into four (4) Blocks for the sake of convenience in processing the land acquisition proceedings and that the Thanam village was a Ryothwari village and the lands in the said village are classified as Dry, Wet and
Manvari Lands. The Special Dy. Collector being the Land Acquisition
Officer, at the time of processing the proposals, for acquisition of
land in Thanam Village in respect of Block No..IV of Thanam
Village under present Award compromising the Survey No. 31, 33,
38, 39, 40, 41, 42, 44 and 45 in an extent of Ac.26.21 cents,
issued 4(1) Notification invoking emergency provisions under Sec.17(4) of the Land Acquisition Act and the Draft Notification u/Sec.4(1) of
Land Acquisition Act was approved vide proceedings of Addl.
Commissioner of Industries and Special Officer (L.A), Steel Plant,
Visakhapatnam bearing No. RC 348/93, RI – III, Dt.08111993 which was published in A.P Gazette extraordinary Issue No.34/93 dated 05 121993 and the substance of the 4(1) Notification which was published in the locality on 15121993 in two Regional Telugu News
Papers i.e., Andhra Bhoomi and Eenaadu on 10011994.
The Land Acquisition Officer, after survey and sub division made by the Special Surveyor apart from prescrutinizing the sub division records by the Deputy Inspector of Survey, Task Force,
Visakhapatnam and after arriving the arrears in Sub Division records,
Draft Declaration u/Sec.6 of Land Acquisition Act was proved by the
Collector, Visakhapatnam vide proceedings No. R. Dis. No.348/93, R
IIII dated 10051994 which was published in extraordinary issue of
A.P Gazette No.17/1994 dated 21051994 and the substance of Draft
Declaration u/Sec.6 published in two Regional Telugu News Papers i.e., Eenaadu and Andhra Jyothi on 04061994 and the substance of
Draft Declaration u/Sec.6 published in the locality as per rules on 20 061994.
LAOP .No.13/2007 ASCJC/AKP Page No. 3 ASCJC/AKP Dt. 26-06-2020.
During the course of preparation of Preliminary Valuation after 4(1) notification of Land Acquisition Act for acquisition of lands in
Thanam village and after publishing the same in news papers, the
Land Acquisition Officer secured sale transactions took place in
the village during the crucial period of three years preceding the
date of 4(1) notification i.e., from 01091990 to 16111993 from
Sub Registrar’s Office, Sabbavaram and collected 50 sale
transactions during the crucial period and after considering the location of land proposed to be acquired, raising up major crops in dry lands like Casurina, Bajra, Seesamum, Ragi, Chili and other
Vegetables and cultivating paddy in wet lands as well as land in
Thanam are more fertile lands than Ponnuru Agraharam village as well as avocation of ryoths to supply milk to Visakhapatnam, the
Land Acquisition Officer after analysing the sale transactions which have to be taken into consideration and those transactions were discarded as they are small bits and does not reflect true market value and basing on the Award passed for the acquisition of lands in
Ponnuru Agraharam Village in an extent of Ac.45.83 cents vide
Award No.8/1995 dated 23061995 which was taken into
consideration to fix the market value for the acquisition of lands
i.e., by fixing the market value of Rs.87,000/ per acre for dry
land and Rs.94,250 per acre for Wet And Manvari Lands and
accordingly passed Award No.12/95 dated 16091995 by fixing
compensation as above and that the deceased Claimant by name
Pyla Adilakshmi, after receiving compensation under protest against the above said market value determined by the Land Acquisition
Officer, requested to refer application to the Reference Court u/Sec.18 of Land Acquisition Act. Hence, the present Reference was made by the Land Acquisition Officer.”
3. After referring the case to the Reference Court and after the death of original Claimant by name Varri Yerrinaidu, whose L.Rs. impleaded
as 2nd Claimant as per orders of this Court in I.A.No.233/2019
dt.16092019.
LAOP .No.13/2007 ASCJC/AKP Page No. 4 ASCJC/AKP Dt. 26-06-2020.
The 2nd Claimant filed Claim Statement with the following brief averments : “The Award passed by the Land Acquisition Officer is contrary to law, weight of evidence and probabilities of the case and he did not provide opportunity to the deceased Claimant to prove actual value of the acquired land and the Land Acquisition Officer has not taken into consideration of potential value as building site and the neighboiuring villages i.e., Venkatapuram, Ponnuru Agraharam, Tadi, Parawada,
Barnikam, Edulapaka Bonangi are suitable for purposes of industries and residential sites and that the Land Acquisition Officer fixed the market value which is too low considering the sale transactions between the interested parties which shows the arbitrariness in passing the Award.
It is also alleged by the 2nd and 3rd Claimants that the Land
Acquisition Officer has not followed the prescribed procedure and rules laid down in Land Acquisition Act and passed the Award with whims and fancies and when the deceased claimant appeared before the Land Acquisition Officer to give statement for the notice u/Sec.9(3) and 10(1) of Land Acquisition Act, he disclosed that the present value of lands in the village is at par with the acquired lands situated almost adjoining to Parawada village and location of Steel
Plant Town Ship near to the acquired lands and that at the time of acquisition of lands, the neighbouring villagers being purchased house sites @ Rs.100 to 200/ per Sq. Yards which comes to
Rs.5,000/ to Rs.8,000/ per cent and that the Government also declared the lands in Thanam Village of Parawada Mandal and the lands in vicinity of Lankelapalem Junction, Anakapalle,
Visakhapatnam Steel Plant, Simhadri Dharmal Power Project in
Parawada Mandal as Industrial Development Area as there is a vast and fast development as well as for house sites which resulted in good demand for higher cost.
The present Thanam village is an important and vast development area as it is very nearer and in between Visakhapatnam and Anakapalle which are urbanized areas and there are no lands in
Anakapalle and Visakhapatnam which are available for house sites as well as industrial purposes and moreover VUDA plots are also
LAOP .No.13/2007 ASCJC/AKP Page No. 5 ASCJC/AKP Dt. 26-06-2020.
situated nearer to Edulapaka Bonangi Village and the village
Thanam having more fertile lands than the surrounding villages
wherein the villagers are raising and cultivating crops like Paddy,
Vegetables, Ragi, Chilli, Casurina and other Commercial Crops
apart from having irrigation facilities and thereby getting annual
income of Rs.15,000/ per acre.
It is also alleged that the Land Acquisition Officer has not taking into consideration of the proximity of acquired lands, to the residential, commercial, industrial, educational, agricultural or medical institutions apart from existing amenities like water, electricity and drainage and if the sale transactions are not available in the crucial period for the acquired land, the sale transactions of neighbouring village can be taken into consideration and in view of
Amended Land Acquisition Act, the Claimant is entitled for compensation including benefits available under Amended Act and the calculation and valuation of the trees and structures in the acquired land is not correct and reasonable and hence prayed to enhance the market value of the acquired land at Rs.8,00,000/ per acre including the benefits under Amended Act.”
4.During the course of enquiry, on behalf of Claimants P.W.1 examined and Ex.P.1 to Ex.P.11 marked subject to objection by learned Assistant Government
Pleader and on behalf of Referring Officer R.W.1 examined and Attested Copy of
Award No.12/95, dated 16091995 marked as Ex.R.1.
5.Heard both sides.
6.The learned counsel for the Claimants argued by drawing the attention of this Reference Court to the contents of Award, Claim Statement as well as objections and the acquired lands in Thanam village are more potential and fertile lands when compared to surrounding villages in which land acquisition has took place and the market value was determined by the Land Acquisition Officer as
Rs.87,000/ per acre for dry land and Rs.94,250/ per acre for wet land and so the market value ought to have raised by the then Land Acquisition Officer at the time
LAOP .No.13/2007 ASCJC/AKP Page No. 6 ASCJC/AKP Dt. 26-06-2020.
of fixing market value and the Land Acquisition Officer clearly observed in the
Award that the Thanam village is more fertile and potential than the surrounding villages i.e., Ponnuru Agraharam, etc., and on viewing in any angle the market value ought to have increased by the then Land Acquisition Officer and hence prayed to order for enhancement of compensation awarded by the Land Acquisition Officer along with statutory benefits and apart from oral submissions quoted citations i.e., 1998 (1) LACC 61, 1985 Delhi 298, AIR 1986 Delhi 140, AIR 2001 SC 1117, 2003 (6) ALD 686 (DB) and AIR 2001 SC 3516.
7.Whereas on the other hand, the learned Assistant Government Pleader argued that the documents relied on by the Claimants in respect of small extents which cannot be applied to enhance compensation rightly determined by the Land
Acquisition Officer and hence prayed to dismiss this Land Acquisition Original
Petition.
8.Now the point for consideration is :
“1. Whether the market value fixed by the Land Acquisition Officer is proper or not ?
2. Whether the Claimant are entitled for any enhancing of market value fixed by the Land Acquisition Officer or not ?”
9.Point No.1 and No.2 :
At the outset it could be said that there are some undisputed facts in the Claimant’s allegations which are acquisition of lands of Claimants, with the admitted extent of land, by the Government under Award No.12/95, dated 1609 1995 as well as entitlement of compensation by the Claimants and receipt of compensation amount under “Protest” by the deceased Claimant but the only contention of the Claimants are that the Land Acquisition Officer has not awarded acceptable compensation which is not according to comparable sale prices and
not considered some factors like raising of commercial crops like Chillies and
Vegetables apart from having sufficient income from the acquired lands and
LAOP .No.13/2007 ASCJC/AKP Page No. 7 ASCJC/AKP Dt. 26-06-2020.
also not considered about potentiality of the acquired lands by comparing the potentiality of surrounding lands in a nearby villages and that the Land
Acquisition Officer has to determine the compensation basing on square yards
basis but not on acres basis as because the surrounding area is covered with
Industries, Petro Chemical Projects and proximity of the acquired lands near
to the developed areas and there is considerable price of acquired lands as on the date of acquisition which was not taken into consideration and the above
said facts are not admitting by the Referring Officer and on the other hand
defending the same as not correct.
10. There are certain above undisputed facts as such this court would not like to touch on those points. The Claimants and Land Acquisition Officer
disputing with each other in respect of market value, potentiality, proximity
of the acquired lands near to developed areas which alleged to be lacking
consideration of various facts of potentiality, price of acquired lands prevailing
as on the date of acquisition on which aspects have to the focused the
evidence and nothing else.
11.This court perused the Claim Statement and chief examination affidavit of one of the Claimants which reveals some new facts introduced in the
evidence and some were omitted when compared those contents with that of
reasons of Claimant which was the subject of reference under Sec.18 of the
Land Acquisition Act. Taking in view of this angle this court inclined to narrate brief original pleadings which have taken in Claim Statement for sake of convenience and to avoid lengthy judgment.
12.The 2nd Claimant, to substantiate their version to get enhanced compensation, examined himself as P.W.1 who in his chief examination by way of
LAOP .No.13/2007 ASCJC/AKP Page No. 8 ASCJC/AKP Dt. 26-06-2020.
affidavit as usual reiterated the important contents of claim statement which brief facts this court already discussed in the above paras as such again not inclined to narrate the same in order to avoid repeatance of allegations and apart from that
narrated that the then Land Acquisition Officer even though recognized the
potentiality and nature of Thanam village and elaborate discussion in the
Award but not considered in fixing reasonable compensation and the Land
Acquisition Officer has not taken into consideration of prospective improvements in and around the acquired land for the development of house sites and colonies and there are several Educational Institutions with Residential Hostels, Government
Offices, Railway Stations i.e., Tadi and Duvvada, other allied industries for Steel
Plant and that some of the lands in Thanam village and neighbouring village i.e.,
Edulapaka Bonangi which are situated in the distance of 1 K.M from Parawada which is a Mandal Head Quarters were already purchased by the Real Estate people for the purpose of laying house plots for construction of colonies as a Satellite
Township and apart from that stated that the then Land Acquisition Officer
acquired lands in Edulapaka Bonangi village by paying compensation @
Rs.2,06,000/ per acre for dry land and Rs.2,23,000/ per acre for wet land in
the year 1996 under Award No.4/96 and also the said Land Acquisition Officer
acquired lands in Tadi village for which compensation was paid at
Rs.2,09,000/ per acre for dry land and Rs.2,17,700/ per acre for wet land
under Award No.18/96andsome other lands acquired in Revada,
Cheepurupalli, Kalapaka and Swayambuvaram Villages of Parawada Mandal for
establishment of N.T.P.C by paying compensation at Rs.2,25,000/ per acre
under Award No.1/98 and also stated that the deceased Claimant used to get
income of rupees nearly 40,000/ per acre by raising commercial crops i.e.,
chillis and vegetables and the lands are very fertile, potential, having
LAOP .No.13/2007 ASCJC/AKP Page No. 9 ASCJC/AKP Dt. 26-06-2020.
abundant water sources even for agriculture and the Land Acquisition Officer
also acquired lands in Thanam Village under four blocks by passing separate
Awards i.e., Award No.10/1995 to 13/1995 by awarding compensation to the
lands including the present award and that the cases referred u/Sec.18 to the
Reference Court in Award No.10 to 13/1995 were disposed off on merits in the
year 2005 by enhancing market value along with statutory benefits and apart from that marked Xerox Copy of Certified Copy of Decree and Order in L.A.O.P
No.33/1998 relating to Award No.12/95, dated 06062005, Award No.4/96, 18/96 and 10/98 relating to acquisition of lands in Edulapaka Bonangi Village,
Tadi Village and Cheepurupalli Village dated 24061996, 27031997 and 2912
1998 respectively, Xerox Copy of Registration Extract of Sale Deed dated 03
111993, 06121995 executed in favour of Gorli Chinababu and Rayudu
Apparao in respect of lands in Thanam Village, Xerox Copy of Certified Copy of
Lay Out Map of Ganesh Nagar in Edupaka Bonangi Village, Xerox Copy of
Registration Extract of Sale Deed dated 24101989 and 30011990 in favour
of P. Leela Srinivasa Rao, S.P. Pratap, Xerox Copy of Certified Copy of
Registration Extract of Sale Deed dated 31031990 and 04051991 in favour
of Neelapu Ramakrishna and Gudala Laxmi Jhansibai in respect of lands in
Edulupaka Bonangi village and finally another Xerox Copy of Certified Copy of
Decree and Order in L.A.O.P.No.19/2007 relating to Award No.12/95 dated.30
042018 as Ex.P.1 to Ex.P.11 and also stated that the Reference Court taken
into consideration of Sale Deed dated 06121995 for an extent of land Ac.0.08
cents in S.No.65/3 of Thanam village executed in favour of Rayapura Apparao
by one Adduru Chinnodu in passing award in Award No.10/95 to 13/95 and the
recommendations of negotiations committee have also taken into
consideration by the Reference Court at the time of passing Award and in the
LAOP .No.13/2007 ASCJC/AKP Page No. 10 ASCJC/AKP Dt. 26-06-2020.
above said awards the Reference Court has fixed compensation at
Rs.1,00,000/ per acre for dry lands and Rs.1,05,000/ per acre for wet land
with all benefits etc.,
13.This Court would like to discuss the chief examination of Referring
Officer at this relevant point of time in order to compare and discuss the cross examination of both witnesses i.e., P.W.1 and Referring Officer as R.W.1 wherever necessary to touch them.
14. The Referring Officer also given some other aspects than pleadings in
Objections but this Court found that those are relevant and necessary for resolution of correct market value as well as awarding compensation between the Claimant and Government.
15.The Referring Officer, to substantiate its version, examined the Special
Deputy Collector (LA), APIIC, Visakhapatnam examined as R.W.1 who in his chief examination by way of affidavit stated that the main objects of Corporation among others as to acquire lands and to develop lands with infrastructure facility into industrial area to allot plots in the industrial area to Enterpreneurs for industrial purpose and the Corporation works for development of public purpose of industrialization of Andhra Pradesh and that the Corporation, after considering various location of lands situated in and around Visakhapatnam and sending proposal for acquisition of lands to an extent of Ac.2621 cents in Thanam of
Parawada Mandal for purpose of establishment of Petrochemical Complex and the lands in Thanam divided into 4 Blocks for convenience sake and the lands covered under the present LAOP falling under Block No.4 relating to an extent of Ac.26 21 cents and the Land Acquisition Officer issued Sec.4(1) Notification on 10 011994 and passed an Award No.12/95 dt.16091995 under due procedure laid down in Land Acquisition Act.
LAOP .No.13/2007 ASCJC/AKP Page No. 11 ASCJC/AKP Dt. 26-06-2020.
16.R.W.1 in his chief examination stated that the then the Land
Acquisition Officer, after taking into consideration of potentiality, market value and location of lands and after collecting Sales Statistics with “Crucial Period”, passed the above Award giving full details as to assessment of market value i.e., how he arrived the true and correct market value in between willing purchaser and willing buyer and that the Land Acquisition Officer i.e., Spl. Deputy Collector
(LA) at the time of fixing compensation relied on sale transaction dt.1406
1991 which is in respect of Dry Land relating to land an extent of Ac.025 cents in S.No.72/3 which value is Rs.79,600/ per acre and accordingly fixed compensation at Rs.87,000/ per acre for Dry Lands and Rs.94,250/ per acre for Wet lands.
17. This court would like to discuss those evidence in cross
examination of P.W.1 and R.W.1 in order to ascertain the potentiality of
acquired lands, its proximity to nearest developed areas, raising crops in the
lands in acquisition for the purpose of income deriving on acquired lands
which is relevant and essential to answer the points framed for consideration
to come to conclusion whether the request of Claimant has to be considered to
enhance the compensation awarded by the then Land Acquisition Officer or
not.
18. P.W.1 deposed that the Land Acquisition Officer acquired the land in an extent of Ac.063 Cents in the present Award No.12/95 dt. 16091995 and the acquired land situated in Thanam Village and that Lemarthi Agraharam, Ponnuru
Agraharam and Jagannadhapuram are the neighbouring villages of Thanam
village and that Ex.P.5 to Ex.P.11 are the documents relating to the year 1993,
1995, 1989, 1990, 1990 and 1991. The Reffering Officer as RW.1 in his cross
examination deposed that the Thanam Village is situated adjacent to
LAOP .No.13/2007 ASCJC/AKP Page No. 12 ASCJC/AKP Dt. 26-06-2020.
Parawada, Lemarthi Agraharam, Ponnuru Agraharam, Tadi, Bharanikam and
Edulapaka Bonangi. R.W.1 deposed that Ponnuru Agraharam, Parawada,
E.Bonangi and Thanam villages are situated side by side. R.W.1 voluntarily stated that Steel Plant acquired the lands upto Pinamadaka which is at a distance of 3 K.M from Thanam Village.
19.R.W.1 deposed that after Notification under Sec.4(1) of Land
Acquisition Act only they informed about acquisition of lands to the
cultivators and that they have to determine compensation under Sec.23 of
Land Acquisition Act and the Crucial Period is three (3) years prior to Sec.4(1)
of Notification and they have to ascertain the total Sale transactions taken
place in a particulars village from concerned Sub Registrar Department i.e.,
Sub Registrar Office. R.W.1 deposed that as per Award i.e., Ex.R.1 they have
collected total 50 sale transactions during crucial period.
20. R.W.1 deposed that the lands covered under Ex.P.5 and Ex.P.6 are relating to Thanam Village and admitted the fact stating that the Principal and
Additional Senior Civil Judge’s Courts, Anakapalle being the Reference Courts
arrived and fixed the enhanced compensation, in Award No. 10/95 to 13/95,
basing on Sale Deed dt.06121995 marked as Ex.P6. R.W.1 also admitted the
fact stating that as per Ex.P.5 the Reference Court also considered the sale
transactions relating to the neighbouring village i.e., Edulapaka Bonangi
Village. R.W.1 admitted stating that Ex.P.2 is the Consent Award, passed by
the then Land Acquisition Officer, in Award No.4/96 dt.24021996 which
document was considered by Reference Court in Ex.P.1. R.W.1 also admitted stating that Principal Senior Civil Judge’s Court, Anakapalle referred the
G.O.Ms.No.1050 Revenue (LA) Department in para 19 in Ex.P.1 and Ex.P.12 while enhancing the compensation amount and as per the above said G.O. the
LAOP .No.13/2007 ASCJC/AKP Page No. 13 ASCJC/AKP Dt. 26-06-2020.
Government has formed the Negotiation Committee which Committee passed
Consent Award.
21. Now let us discuss about the above said documents i.e., Ex.P.5 and
Ex.P.6 what they contain and what is the market value of lands covered under them as on which date.
22. The Claimants filed Xerox Copy of Registration Extract of
Registered Sale Deed dt.03111993 marked as Ex.P.5 which would disclosed
that it is a Registered Sale Deed executed in favour of Gorle China Babu and
Vennela Appadu by one Cheepurupalli Mahalakshmi in respect of land in
S.No.47/16 an extent Ac.006 cents = 230.4 Square Yards situated in Thanam
Village for Sale Consideration of Rs.6,000/ and which works out to
Rs.1,00,000/ per acre. The Claimant also filed Xerox Copy of Registration
Extract of Registered Sale Deed dt.06121995 marked as Ex.P.6 which would disclosed that it is a Registered Sale Deed executed in favour of Rayudu Apparao
by one Adduru Chinnodu and others in respect of land in S.No.65/3 an extent
Ac.078 cents = 387.2 Square Yards situated in Thanam Village for Sale
Consideration of Rs.11,700/ and which works out to Rs.1,45,200/ per acre.
23.The Claimants filed Xerox Copy of Registration Extract of
Registered Sale Deed dt.24101989 marked as Ex.P.7 which would disclosed
that it is a Registered Sale Deed executed in favour of Kapunukollu Leela
Srinivasarao by one Boddapu Kasulu and others in respect of land in
S.No.152/1037, 153/109, 154/1021, 155, 156/1028 and 157/2017 an extent
266.66 Square Yards situated in “Ganesh Nagar Layout” in Edulapaka Bonangi
Village for Sale Consideration of Rs.27,000/ and which works out to
Rs.4,90,000/ per acre.
LAOP .No.13/2007 ASCJC/AKP Page No. 14 ASCJC/AKP Dt. 26-06-2020.
24.The Claimants filed Xerox Copy of Registration Extract of
Registered Sale Deed dt.30011990 marked as Ex.P.8 which would disclosed
that it is a Registered Sale Deed executed in favour of Dr.Sajjavara Pratap by
one Suryadevera Ramakrishna and others in respect of land in S.No.121/10 an
extent Ac.050 cents out of Ac.178 cents situated in Edulapaka Bonangi
Village for Sale Consideration of Rs.75,000/ and which works out to
Rs.1,50,000/ per acre.
25.The Claimants filed Xerox Copy of Certified Copy of Registration
Extract of Registered Sale Deed dt.31031990 marked as Ex.P.9 which would
disclosed that it is a Registered Sale Deed executed in favour of Neelapu
Ramanababu by one Vechalapu Simhachalamma in respect of land in
S.No.267/3 an extent Ac.024 cents situated in Edulapaka Bonangi Village for
Sale Consideration of Rs.41,050/ and which works out to Rs.1,71,000/ per
acre.
26.The Claimants filed Xerox Copy of Certified Copy of Registration
Extract of Registered Sale Deed dt.04051991 marked as Ex.P.10 which would
disclosed that it is a Registered Sale Deed executed in favour of Gudala
Lakshmi Jhansi Bai by one Gorle Naidu in respect of land in S.No.198/4 an
extent Ac.016 cents situated in Edulapaka Bonangi Village for Sale
Consideration of Rs.31,200/ and which works out to Rs.1,95,000/ per acre.
27.Now let us have a glance into the contents of Award No.5/2006 dt.16
091995 marked as Ex.R.1 in order to ascertain on basis of which document
(Sale Deed or any previous Award) the Award in the present Land Acquisition
Original Petition (LAOP) was passed and in order to ascertain whether any
LAOP .No.13/2007 ASCJC/AKP Page No. 15 ASCJC/AKP Dt. 26-06-2020.
enhancement of compensation is required to be allowed or not. The discussion
of Award i.e., Ex.R.1 is just and essential for the above purpose.
28.As seen from in Page No.4 of Award marked as Ex.R.1 it discloses that
the then Land Acquisition Officer obtained 50 registered sale statistics from
Sub Registrar’s Office of Sabbavaram out of which 7 Sales are within the lands
under acquisition, 2 Sales are nearest to acquisition lands and the remaining
sale transactions are far away from acquired lands. As seen from the same Page
No.4 it is disclosed that the Sale Transactions No.1, 2, 4 to 12, 15, 17 to 22, 24
to 26, 28 to 34, 38 to 41, 43 to 50 are relating to the lands far away from the
lands under acquisition which are not reflecting true market value as such
they were not taken into consideration by the then LAO. As seen from the same
Page No.4 it also reveals that even though the lands under Sale Transactions
No.3, 16, 27, 35 to 37 and 42 are within the acquired lands, the extents of
lands are very meagre which do not reflect true market value of the lands
under acquisition as such the then Land Acquisition Officer not taken into consideration of those Sale transactions.
29.As seen from the same Page No.4 it is disclosed that the Sale
Transaction in respect of item No. 23 relating to the dry land an extent of Ac.0
25 cents in S.No.72/3 situated in Thanam Village (Thanam Village lands under
acquisition) is a Registered Statistics obtained from Sub Registrar’s Office,
Sabbavaram taken place on 14061991 for sale consideration of Rs.19,900/
which works out to Rs.79,600/ per acre and which land is a little bit away from the lands under acquisition and that Sale transactions in item No.13 and 14
relating to the lands an extent of Ac.007 cents and Ac.005½ cents) which
LAOP .No.13/2007 ASCJC/AKP Page No. 16 ASCJC/AKP Dt. 26-06-2020.
alleged to be small extents and which cannot reflect true market value as such those Sale transactions were discarded by the then Land Acquisition Officer.
30.As seen from Page No.5 of same Ex.R.1 it reveals that recently the
Collector of Visakhapatnam fixed, the market value of the acquired lands an
extent of Ac.4583 cents in Ponnuru Agraharam Village, as Rs.87,000/ per
acre for dry land and Rs.94,250/ per acre for wet land by passing Award
No.8/95 dt.23061995 and that since the Ponnuru Agraharam Village is
situated towards Northern side of Thanam Village and the lands in Thanam are
more fertile than those lands in Ponnuru Agraharam Village and that the Sale
transaction of Thanam Village reflects nearest to the market value to that of
Ponnuru Agraharam Village and in view of on coming projects (several) in and
around Thanam Village and to meet the ends of justice as such the then Land
Acquisition Officer has fixed the market value of acquired lands in Thanam
Village as Rs.87,000/ per acre for dry land and Rs.94,250/ per acre for wet
land apart from 30% Solatium and 12% Additional Market Value along with
other benefits as per Land Acquisition Act.
31. This Court would also like to draw a table in respect of particulars of land value ascertained by the Land Acquisition Officer and on which basis he arrived the market value of the acquired lands:
Total extent of Name ofMarket valueMarket value of Sl.Ex.Date ofacquired land andVillage ofof Dry land Wet land fixed by No.No.AwardAwardfixed by LAO LAO per acre
Survey Number of acquired lands
No. acquired Lands & Block No. per acre
Ac.4583 cents and
S.No.31, 33, 38 to 42, Tanam & IV
1.R.1
230695 8/95 44 and 45 Block Rs.87,000/ Rs.94,250/
LAOP .No.13/2007 ASCJC/AKP Page No. 17 ASCJC/AKP Dt. 26-06-2020.
32. This Court drawn the following table for particulars of the documents
i.e., Sale transaction relied on by Claimant for determination of compensation
by this Reference Court as on the date of acquisition for the sake of
convenience and easy reference:
SL.Ex.Date ofVendor/Vendee/Village ofS.NoArea inMarketRate as per Acre No.No.SaleSellerPurchaserlandSq.Yd/Value of DeedCentsland/ Ac.centvacant site Ch.MahaGorle ChinaTanam
031193 6,000
1.P.5lakshmi &Babu &47/ 006 1,00,000/ Ors.Anr. 16 cents (1,000/ per cent)
2.P.661295AdduruRayuduTanam 65/ 078 11,700 1,45,200/ ChinnoduApparao3 cents (1,452/ per & Ors cent)
3.P.7241089B.KasuluP.LeelaEdulapaka 152 266.66 27,000 4,84,800/ & OrsSrinivasaBonangi Sq.Ya to (4,848/ per Raords 158 cent)
4.P.8300190S.RamaS.V.PratapDo121/ 050 75,000 1,50,000/ krishna &10 cents (1,500/per Ors. cent)
5.P.9310390 SimhaNeelapuDo267/ 024 41050 1,71,000/ chalammaRamakrish3 cents (1,710/ per na cent)
6.P.10040591GorleGudalaDo198/ 016 31,200 1,95,000/ NaiduLakshmi4 cents (1,950/) Jhansi Bai
33. As seen from the above discussion of contents of Award i.e., Ex.R.1
it is disclosed that the then Land Acquisition Officer not relied on any Sale
transaction available either within the vicinity of acquired Village or
neighbouring Villages but taken into consideration of Market Value fixed as
Rs.87,000/ per acre for dry land and Rs.94,250/ per acre for wet land by the
Collector of Visakhapatnam vide Award No.8/95 dt.23061995 in respect of
lands acquired in Ponnuru Agraharam Village and as seen from material
available on record there is no such copy of above Award No.8/95 dt.2306
LAOP .No.13/2007 ASCJC/AKP Page No. 18 ASCJC/AKP Dt. 26-06-2020.
1995 and the sale statistics, perused and discarded by LAO, filed before court
for perusal and to ascertain whether the observation made by the Land
Acquisition Officer in Ex.R.1 in fixing compensation is correct or not and
whether it has to be enhanced or not.
34. It is well settled that mere referring a sale transaction in the award
cannot be treated as evidence in the absence of filing the said sale deed and
that If the transactions are prior to the notification, the highest value
depicted in the sale deed shall be taken into consideration for awarding
compensation.
35.At this juncture this Court would like to rely on 1992 (2) ALT 423 (DB) = 1992 LawSuit (AP) 47 held in between Land Acquisition Officer, SubCollector
Vs. Hindustan Commercial and Transport Company (P) Limited wherein the
Hon’ble High Court of A.P. (D.B) observed in para 4 that:
“It is well settled that where salestatistics have been considered by the
Land Acquisition Officer and where those documents have not been
marked after reference in the civil court, those documents cannot be
taken into consideration and they have no evidentiary value. This view
has been affirmed in Land Acquisition Officer, Vijayawada Thermal
Station v. Nutalapati Venkata Rao, 1990 (3) ALT 305 = 1991 (1) APLJ 99
(F.B.). It is only the documents that were marked in the civil court, can
be taken into consideration and none else.”
The Hon’ble High Court of A.P observed in para 5 that:
“If the transactions are prior to the notification, the highest value depicted in the sale deed shall be taken into consideration for awarding compensation.”
36.As seen from the citation it could be said that whenever there are no such documentary evidence, placed before court and not marked after
Reference in the Civil Court, on which the Land Acquisition Officer relied to
LAOP .No.13/2007 ASCJC/AKP Page No. 19 ASCJC/AKP Dt. 26-06-2020.
determine the compensation for the acquired land to the land owners, those documents cannot be taken into consideration as they have no evidentiary value and that the documents, which were produced before Court and marked,
only to be taken into consideration and it is also clear that highest value in
the referred sale deeds shall be taken into consideration in determining
compensation. In the instant LAOP also no such document, relied on by the
Land Acquisition Officer i.e., Award No.8/95 dt.23061995 apart from 50 sale
statistics, filed before this Reference Court as well as not marked and even
there is no such particulars of 50 documents noted in Ex.R.1 and so this Court
has no hesitation to say that the above Award No.8/95 relied by the then Land
Acquisition Officer in determining compensation cannot be taken into
consideration to say that the Land Acquisition Officer has correctly arrived
the market value.
37. When it is so it is for the Reference Court to discuss whether the
Claimants are entitled to any enhancement of compensation as claimed in this OP or not and whether the Claimants have placed any acceptable documentary evidence to resolve the controversy between the parties to OP in answering whether the Claimants are entitled to any enhancement of compensation amount arrived by the Land Acquisition Officer or not and what is the highest value of land covered under documents relied to determine correct compensation .
38. This Court would like to discuss on the above aspect of documentary evidence placed by the Claimants in support of their claim at later point of time.
39. This Court would say that in the absence of any other method of fixation of market value the comparable sales from the neighbouring village can be considered as per many judicial precedents.
40. It is well settled that in the absence of acceptable documentary evidence from the Land Acquisition Officer before the Court the assessment of
LAOP .No.13/2007 ASCJC/AKP Page No. 20 ASCJC/AKP Dt. 26-06-2020.
market value of the acquired land can be ascertained by taking into
consideration of topography, potentiality and advantages attached to and
available to the lands situated adjacent or side by side to the acquired lands.
41. At this juncture this Court would like to rely on 2004 LawSuit (SC) 764 = 2004 (10) SCC 627 = 2004 AIR(SC) 4135 held in between OM PRAKASH
V/S UNION OF INDIA wherein the Hon’ble Apex Court observed in para 3 that:
“Villages Bhorgarh, Kureni and Mamurpur are located side by side and the lands situated in these villages were used for agricultural purposes or purposes subservient thereto.”
The Hon’ble Apex Court observed in para 7 that:
“The only question argued before us was the assessment of the market value of the acquired lands as on the date of the Notification under Section 4 of the
Act. No other issue was canvassed. The High Court has correctly found
that the topography, potentiality and advantages attached to and
available to the lands in the five adjoining villages, namely, Bhorgarh,
Kureni, Mamurpur, Narela and Tikri Khurd were almost the same on the
date when the Notification under Section 4 was issued.”
42. As seen from the above citation it is clear that the assessment of
market value of the acquired land can be ascertained by taking into
consideration of topography, potentiality and advantages attached to and
available to the lands situated adjacent or side by side to the acquired lands.
In the instant LAOP the Land Acquisition Officer based on the Award No.8/95
relating to acquisition of lands situated in Ponnuru Agraharam village while
determining compensation of acquired lands in Thanam Village as such it can
be looked into the above lands situated adjacent to acquired lands.
43. Now let us discuss the documentary evidence placed by the Claimants to ascertain whether the Claimants are entitled for enhancement of compensation determined by the Land Acquisition Officer or not as because this court in the
LAOP .No.13/2007 ASCJC/AKP Page No. 21 ASCJC/AKP Dt. 26-06-2020.
above paras observed that the Referring Officer has not placed the document i.e., sale transaction or Award No.8/95 dy.23061995 relied on by him for compensation.
44. At this juncture this Court would like to rely on 2014 LawSuit(SC) 826 = 2015 AIR(SC) 453 = 2015 (2) SCC 160 held in between NIRMAL SINGH ETC Vs.
STATE OF HARYANA AND ORS wherein the Hon’ble Apex Court observed in para 11 that:
“With respect to the general principles that are to be followed for determining just and reasonable compensation to land owners for acquisition of their land, we refer to the case of Smt. Tribeni Devi and Ors. v. Collector of Ranchi, 1972 1 SCC 480; in support of the same, wherein this Court held that: "4. This Court had in Special Land Acquisition Officer, Bangalore v. T.
Adinarayan Setty, 1959 Supp1 SCR 404, indicated at page 412 the methods
of valuation to be adopted in ascertaining the market value of the land
on the date of the notification under Section 4(1) which are : (i) opinion
of experts, (ii) the price paid within a reasonable time in bona fide
transactions of purchase of the lands acquired or the lands adjacent to
the lands acquired and possessing similar advantages; and (iii) a number
of years purchase of the actual or immediately prospective profits of the
lands acquired. These methods, however, do not preclude the Court from
taking any other special circumstances into consideration, the
requirement being always to arrive as near as possible an estimate of the
market value. In arriving to a reasonably correct market value, it may be
necessary to take even two or all of those methods into account
inasmuch as the exact valuation is not always possible as no two lands
may be the same either in respect of the situation or the extent or the
potentially nor is it possible in all cases to have reliable material from
which that valuation can be accurately determined."
The Hon’ble Apex Court observed in Para 12 that :
LAOP .No.13/2007 ASCJC/AKP Page No. 22 ASCJC/AKP Dt. 26-06-2020.
“A perusal of the record shows that there is significant variation in the
consideration paid in the array of sale instances submitted by the
parties. Moreover the consideration paid for the sale instances produced
by the appellants are in relation to small pieces of land which are near
the acquired land. To consider these small pieces of land as the basis for
determining just compensation to be paid to the appellants for the
acquired land as urged by the learned counsel for the appellants, we refer
to the legal principles laid down by this Court after examining the
relevant provisions of the Act in catena of cases. In Special Land
Acquisition Officer and Anr. v. M.K. Rafiq Saheb, 2011 7 SCC 714 this Court held as under: "24. It may also be noticed that in the normal course of events, it is hardly possible for a claimant to produce sale instances of large tracks of land. The
sale of land containing large tracks are generally very far and few.
Normally, the sale instances would relate to small pieces of land. This
limitation of sale transaction cannot operate to the disadvantage of the
Claimant. Thus, the Court should look into sale instances of smaller
pieces of land while applying reasonable element of deduction."
To determine the rate of compensation to be paid for the acquired land
when the same is made on the basis of sale deeds with respect to smaller
pieces of land, we have to make deductions in order to keep provision for
the developmental expenses that the acquirer has to incur. The principle of deductions in the determination of the compensation based on the sale instances of smaller pieces of land was established in Smt. Basavva and Ors.
v. Special Land Acquisition, 1996 9 SCC 640 wherein this Court held thus: "3. .On the principle of deductions in the determination of the compensation, this Court in K. Vasundara Devi v. Revenue Divisional Officer, LAO, 1995
AIR(SC) 2481 has considered the entire case law and has held that the Court, in the first instance, has to consider whether sales relating to smaller pieces of lands are genuine and reliable and whether they are in respect of comparable lands. In the event the Court finds that such sales are genuine and reliable and the lands have comparable features, sufficient deduction should be made to arrive at the just and fair market value of large tracks of
LAOP .No.13/2007 ASCJC/AKP Page No. 23 ASCJC/AKP Dt. 26-06-2020.
land. The time lag for real development and the waiting period for development are also relevant consideration for determination of just and adequate compensation. Each case depends upon its own facts. For deduction of development charges, the nature of the development, conditions and nature of the land, the land required to be set apart under the building rules for roads, sewerage, electricity, parks, water etc, and all other relevant circumstances involved are to be considered."
A similar opinion was held in Bhagwathula Samanna and others v. Special
Tahsildar and Land Acquisition Officer, Visakhapatnam Municipality, 1991 4
SCC 506 wherein this Court held as under: "7. . In fixing the market value of a large property on the basis of a sale transaction for smaller property, generally a deduction is given taking into consideration the expenses required for development of the larger tract to make smaller plots within that area in order to compare with the small plots dealt with under the sale transaction.
The Hon’ble Apex Court observed in para 13 that:
“The proposition that large area of land cannot possibly fetch a price at
the same rate at which small plots are sold is not absolute proposition
and in given circumstances it would be permissible to take into account
the price fetched by the small plots of land .."
The Hon’ble Apex Court observed in para 13 that:
”Further, this Court has discussed the basis on which deductions on the market value should be made for the development of land, keeping in mind various factors that influence it. In the case of Viluben Jhalejar Contractor v.
State of Gujarat, 2005 4 SCC 789 wherein this Court held thus: "20. The amount of compensation cannot be ascertained with
mathematical accuracy. A comparable instance has to be identified
having regard to the proximity from time angle as well as proximity from
situation angle. For determining the market value of the land under acquisition, suitable adjustment has to be made having regard to various positive and negative factors vis vis the land under acquisition by placing the two in juxtaposition. The positive and negative factors are as under:
LAOP .No.13/2007 ASCJC/AKP Page No. 24 ASCJC/AKP Dt. 26-06-2020.
Positive factors Negative factors
1.smallness of size largeness of area
2.proximity to a roadsituation in the interior at a distance from the road
3.frontage on a roadnarrow strip of land with very small frontage compared to depth
4.nearness to developed lower level requiring the depressed portion area to be filled up
5.regular shaperemoteness from developed locality
6.level visavis land some special disadvantageous factors under which would deter a purchaser acquisition
7.special value for an owner of an adjoining property to whom it may have some very special advantage
21. Whereas a smaller plot may be within the reach of many, a large
block of land will have to be developed preparing a layout plan, carving
out roads, leaving open spaces, plotting out smaller plots, waiting for
purchasers and the hazards of an entrepreneur. Such development
charges may range between 20% and 50% of the total price."
Thus, when it comes to deductions for development of land, it can sway back and forth and can only be determined after carefully considering factors such as size of land, nearness to developed area, etc. as discussed in the above case.”
The Hon’ble Apex Court observed in para 14 that:
”Keeping in mind the guidelines laid down by this Court in the catena of
cases referred to supra, we are of the opinion to determine just and
reasonable compensation for the acquired land on the basis of the sale
instances as submitted by the appellants by taking the average of the
sale considerations mentioned therein that are relevant to the date of
issue of Notification under Section 4 of the Act. However, the same is to
be determined keeping in mind that developmental costs are higher for
larger areas of land as compared to small portions of land. The rate of
LAOP .No.13/2007 ASCJC/AKP Page No. 25 ASCJC/AKP Dt. 26-06-2020.
compensation must be subject to deductions towards developmental
purpose that will have to be incurred by the respondent State.
The Hon’ble Apex Court observed in para 15 that:
“Sale instances in relation to small pieces of land situated near the
acquired land can be considered, subject to (i) reasonable deductions for
developmental costs that will be incurred in the future as per the cases
referred to and (ii) the evidence that these lands can be compared to the
acquired land in terms of its vicinity and the comparable benefits and
advantages.”
45. As seen from the above citation it is clearly revealed that the Court
should look into sale instances of smaller pieces of land while applying
reasonable element of deduction keeping in mind the guidelines laid down by
Hon’ble Apex Court in the catena of cases referred to supra, determination of
just and reasonable compensation for the acquired land has to be made on the
basis of the sale instances as submitted by the Claimants by taking the
average of the sale considerations mentioned therein which are relevant to the
date of issue of Notification under Section 4 of the Act and the same has to be
determined keeping in mind that developmental costs are higher for larger
areas of land as compared to small portions of land and as such the rate of
compensation must be subject to deductions towards developmental purpose
that will have to be incurred by the respondent State.
46.As already this Court discussed in the above paras about filing of
documents by the Claimants which are important and relevant to answer the
issue involved in this LAOP and which are the Xerox Copy of Registration
Extract of Registered Sale Deed dt.03111993 marked as Ex.P.5 which would
disclosed that it is a Registered Sale Deed executed in favour of Gorle China
LAOP .No.13/2007 ASCJC/AKP Page No. 26 ASCJC/AKP Dt. 26-06-2020.
Babu and Vennela Appadu by one Cheepurupalli Mahalakshmi in respect of
land in S.No.47/16 an extent Ac.006 cents = 230.4 Square Yards situated in
Thanam Village for Sale Consideration of Rs.6,000/ and which works out to
Rs.1,00,000/ per acre. The Claimants also filed Xerox Copy of Registration
Extract of Registered Sale Deed dt.06121995 marked as Ex.P.6 which would disclosed that it is a Registered Sale Deed executed in favour of Rayudu Apparao
by one Adduru Chinnodu and others in respect of land in S.No.65/3 an extent
Ac.078 cents = 387.2 Square Yards situated in Thanam Village for Sale
Consideration of Rs.11,700/ and which works out to Rs.1,45,200/ per acre.
The Claimants filed Xerox Copy of Layout Map of Ganesh Nagar of Edulapaka
Bonangi marked as Ex.P.7 not visible as such this Court has no possibility to discuss on this document.
47.The Claimants filed Xerox Copy of Registration Extract of
Registered Sale Deed dt.24101989 marked as Ex.P.7 which would disclosed
that it is a Registered Sale Deed executed in favour of Kapunukollu Leela
Srinivasarao by one Boddapu Kasulu and others in respect of land in
S.No.152/1037, 153/109, 154/1021, 155, 156/1028 and 157/2017 an extent
266.66 Square Yards situated in “Ganesh Nagar Layout” in Edulapaka Bonangi
Village for Sale Consideration of Rs.27,000/ and which works out to
Rs.4,90,000/ per acre.
48.The Claimants filed Xerox Copy of Registration Extract of
Registered Sale Deed dt.30011990 marked as Ex.P.8 which would disclosed
that it is a Registered Sale Deed executed in favour of Dr.Sajjavara Pratap by
one Suryadevera Ramakrishna and others in respect of land in S.No.121/10 an
extent Ac.050 cents out of Ac.178 cents situated in Edulapaka Bonangi
LAOP .No.13/2007 ASCJC/AKP Page No. 27 ASCJC/AKP Dt. 26-06-2020.
Village for Sale Consideration of Rs.75,000/ and which works out to
Rs.1,50,000/ per acre.
49.The Claimants filed Xerox Copy of Certified Copy of Registration
Extract of Registered Sale Deed dt.31031990 marked as Ex.P.9 which would
disclosed that it is a Registered Sale Deed executed in favour of Neelapu
Ramanababu by one Vechalapu Simhachalamma in respect of land in
S.No.267/3 an extent Ac.024 cents situated in Edulapaka Bonangi Village for
Sale Consideration of Rs.41,050/ and which works out to Rs.1,71,000/ per
acre.
50.The Claimants filed Xerox Copy of Certified Copy of Registration
Extract of Registered Sale Deed dt.04051991 marked as Ex.P.9 which would
disclosed that it is a Registered Sale Deed executed in favour of Gudala
Lakshmi Jhansi Bai by one Gorle Naidu in respect of land in S.No.198/4 an
extent Ac.016 cents situated in Edulapaka Bonangi Village for Sale
Consideration of Rs.31,200/ and which works out to Rs.1,95,000/ per acre.
51.Now let us discuss the evidence of parties to this LAOP in respect of location of neighbouring villages whether they are situated to the proximity to the acquired lands and as to their location in order to ascertain whether the above documents can be taken into consideration for enhancing the market value fixed by the then Land Acquisition Officer or not.
52.As already discussed in the above paras by this Court it is the cross
examination of the 2 nd Claimant as P.W.1 that one Lemarthy Agraharam,
Ponnuru Agraharam and Jagannadhapuram Villages are the neighbouring
Villages of Thanam Village (Village under present acquisition) which was not
LAOP .No.13/2007 ASCJC/AKP Page No. 28 ASCJC/AKP Dt. 26-06-2020.
denied by the learned Assistant Government Pleader. The learned Assistant
Government Pleader posed a suggestion to P.W.1 stating that the land value was fixed as per Sale Deeds relating to neighbouring lands of Thanam is the correct one for which he denied the same. In this aspect the present Referring Officer who examined as R.W.1 in his cross examination deposed that the Thanam Village is
situated adjacent to Parawada, Lemarthi Agraharam, Ponnuru Agraharam,
Thadi, Bharanikam and Edulapaka Bonangi and the Thanam Village is situated
at a distance of 4 K.M from Lankelapalem junction and that Thanam village is
situated near to National Highway in a distance of 3 K.M which is adjacent to
Lankelapalem junction and further R.W.1 deposed that the Villages of Ponnuru
Agraharam, Parawada, E.Bonangi and Thanam are situated side by side.
53.Now let us discuss what is the market value of the lands available to the
Claimants of which village i.e., whether the Sale transactions are available within the acquired Thanam Village and whether there are any other sale transactions nearby or neighbouring lands of Thanam Village or not.
54. This Court already discussed about some sale statistics i.e., Xerox Copy of Certified Copy of Registration Extracts i.e., Ex.P.5 to Ex.P.10 which brief contents were narrated in the above paras and this Court also drawn table relating to the above documents showing the date of transactions, vendor and vendee, rate of land in cents as well as square yards agreed to be purchased under documents.
55.The Referring Officer as R.W.1 in his cross examination deposed that the crucial period is three years prior to 4(1) Notification and they have to ascertain the total transactions taken place in a particular village from concerned
Sub Registrar Department and as per Award the then Land Acquisition Officer
has collected 50 sale transactions in a crucial period. As per Award i.e.,
Ex.R.1 the crucial period is from 01091990 to 16111993. As seen from table
LAOP .No.13/2007 ASCJC/AKP Page No. 29 ASCJC/AKP Dt. 26-06-2020.
drawn by this Court in the above paras it is disclosed that the documents noted in
Sl.No.1 and 2 dt:03111993 and 06121995 relates to acquired Thanam Village,
Sl.No.3 dt.24101989, Sl.No.4 to 6 dt.30011990, 31031990 and 04051991.
As seen from Ex.R.1 in Page No.4 noted about one Sale transaction relating to
Thanam Village in respect of dry land an extent of Ac.025 cents in S.No.72/3 which was transacted for Rs.19,900/ which works out to Rs.79,600/ per acre which is a little bit away to the lands under acquisition as such it was discarded by the then
Land Acquisition Officer.
56. The then LAO has referred two Sale transactions for the year
1991 in respect of lands an extent of Ac.007 and Ac.005½ cents which were
discarded as they are small extents but he has not referred Ex.P.10 dt.0405
1991 sale transaction in respect of land an extent of Ac.016 cents of
Edulapaka Bonange for sale consideration of Rs.31,200/ which works out to
Rs.1,95,000/ per acre and as seen from Ex.R.1 the said Ex.P.10 not discussed by the LAO to say whether it is a bonafide transaction or not and whether the same can be taken into consideration in fixing market value of acquired land or not. This
Court would like to discuss about this document a bit latter as and when
necessary. The then Land Acquisition Officer also not taken into
consideration of Ex.P.5 which is a Sale transaction dt.03111993 in respect of
land situated in Thanam Village and there was no whisper about the said
Ex.P.5 and in which circumstances it is just and essential to take into
consideration of Ex.P.5 in ascertaining whether any enhancement of
compensation is necessary or not.
57.This Court perused the Certified Copies of Decree and Order in
LAOP.No.33/1998 and Batch cases as well as LAOP.No.19/2007 marked as
Ex.P.1 and Ex.P.11 and found that the then learned Senior Civil Judge of
LAOP .No.13/2007 ASCJC/AKP Page No. 30 ASCJC/AKP Dt. 26-06-2020.
Senior Civil Judge’s Court, Anakapalle discussed Ex.P.5 dt.06121995 even
though it relates to Post Notification Date and taken into consideration in
fixing/enhancing the compensation to Rs.1,00,000/ per acre for dry land and
Rs.1,05,000/ per acre for wet land. This Court would say that when the
Claimants have filed Sale transactions for crucial period relating to Thanam
village as well as neighbouring Village i.e., Edulapaka Bonangi relating to
crucial period as well as a few months prior to 4(1) Notification i.e., crucial
period which documents were not collected and discussed by the then LAO to
say (even though it is a sale transaction prior to 4(1) Notification and its value
is within a reasonable price as such it could be safe to rely on this document)
whether those documents can be taken into consideration or not in fixing
Compensation at the initial stage of passing Award, this Court did not incline
to take into consideration of Ex.P.6 but inclined to look into Ex.P.7 and Ex.P.8 for fixing/enhancing compensation. When we look into Ex.P.7 which is a Sale
transaction relating to the year 1989 much prior to 4(1) Notification, it
discloses that the sale of property, situated in Layout, took place in Square
Yards which works out to Rs.4,84,800/ per acre relating to Edulapaka
Bonangi Village and when this Sale transaction is compared with other sale
transactions shown in the table drawn by this Court in the above paras the
value of land covered under Ex.P.7 shall not be taken into consideration which
is abnormal value and which in the opinion of this Court is not a sale
transaction to be considered for fixing compensation and it can be safely be
set aside.
58. Since it is the evidence of Referring Officer that the Villages of
Ponnuru Agraharam, Parawada, E.Bonangi and Thanam are situated side by
LAOP .No.13/2007 ASCJC/AKP Page No. 31 ASCJC/AKP Dt. 26-06-2020.
side as such it is just, essential and proper to consider the sale transactions in
Thanam and neighbouring Edulapaka Bonangi Village in arriving the correct
market value of the acquired land in this LAOP.
59. At this juncture, this Court would like to discuss on citation 2014
LawSuit(SC) 826 = 2015 AIR(SC) 453 = 2015 (2) SCC 160 held in between
NIRMAL SINGH ETC Vs. STATE OF HARYANA AND ORS which was already
discussed by this Court in the above paras and wherein the Hon’ble Apex Court held that the Court should look into sale instances of smaller pieces of land
while applying reasonable element of deduction and for determination of just
and reasonable compensation for the acquired land has to be made on the
basis of the sale instances as submitted by the Claimant by taking the average
of the sale considerations mentioned therein which are relevant to the date of
issue of Notification under Section 4 of the Act.
60.It is just and essential to calculate the average amount of market
value from the Sale transactions filed and marked by the Claimant relating to
Thanam and Edulapaka Bonangi which are neighbouring villages situated side
by side as per evidence of Referring Officer. One of the Claimant i.e., P.W.1
filed four Sale Transactions under Ex.P.5, Ex.P.8 to Ex.P.10 (Xerox Copy of
Registration Extract of Registered Sale Deed dt.03111993, Xerox Copy of
Registration Extract of Registered Sale Deed dt.30011990, Xerox Copy of
Certified Copy of Registration Extract of Registered Sale Deed dt.31031990
and Xerox Copy of Certified Copy of Registration Extract of Registered Sale
Deed dt.04051991) in respect of Sale Consideration of Rs.1,00,000/,
Rs.1,50,000/, Rs.1,71,000/ and Rs.1,95,000/ per acre respectively.
LAOP .No.13/2007 ASCJC/AKP Page No. 32 ASCJC/AKP Dt. 26-06-2020.
61.The average amount would come from the above market value
amount is Rs.1,54,000/ (Rs.1,00,000/ + Rs.1,50,000/ + Rs.1,71,000/ +
Rs.1,95,000/ = Rs.6,16,000/ / 4 = Rs.1,54,000/ rounded to Rs.1,50,000/)
and this Court found that it is just and proper to fix Rs.1,50,000/.
62.This Court would like to discuss some aspects to arrive the above
compensation amount as because the then Land Acquisition Officer has not
collected Ex.P.5 (Registered Sale Deed dt.03111993) from Sub Registrar ’ s
Office, Sabbavaram and not discussed whether it is a genuine one or not by
examining seller and buyer and in the absence this exercise by the then Land
Acquisition Officer it could be said that the above said document has to be
taken into consideration by this Reference Court in calculating the correct
market value and compensation. When this document i.e., Ex.P.5 is taken
into consideration the minimum market value of the land in Thanam Village
even in the year 1993 i.e., within the crucial period is prevailing as on the
date of fixing market value by the then Land Acquisition Officer. The other
sale transactions considered by this Reference Court in the above paras are
Ex.P.8 to Ex.P.10 (Sale transactions dt.30011990, 31031990 and 0405
1991) relating to the land located in neighbouring village i.e., Edulapaka
Bonangi Village which is situated by the side of Thanam Village as per
evidence of Reffering Officer i.e., R.W.1 and in the above said sales the market
value of land is Rs.1,50,000/, Rs.1,71,000/ and Rs.1,95,000/. When the
market value of land in Edulapaka Bonangi Village is minimum Rs.1,50,000/
and when the lands in Thanam Village are more fertile having surrounded by
Visakha Steel Plant, Niraj Petro Chemicals, HPCC. NTPC at Parawada, Railway
Station, Junior College, Government and Private Hospitals, Public and Private
transportation So the market value of the acquired as per evidence of
LAOP .No.13/2007 ASCJC/AKP Page No. 33 ASCJC/AKP Dt. 26-06-2020.
Referring Officer as R.W.1, definitely the then Land Acquisition Officer ought
to have increased the market value than Rs.87,000/ per acre for dry lands at
the time of passing of present Award under Ex.B.1 and in which circumstances
it could be said that the market value of acquired lands should be in between
Rs.1,00,000/ and Rs.1,95,000/ and accordingly in view of Hon ’ ble Apex
Court ’ s citation sdiscussed in the above paras taken average market value of
above four documents i.e., sales under Ex.P5, Ex.P8 to Ex.P10 and came to
conclusion by arriving the market value of acquired land as on the date of
acquisition as Rs.1,50,000/.
63.The Claimants filed Certified Copy of Award No.4/96 dt.24021996 i.e.,
Ex.P.2, Xerox Copy of Certified Copy of Award No.18/96 and Award No. 10/98 dt.27031996 and 29121998 respectively marked as Ex.P.3 and Ex.P.4. R.W.1 in respect of Ex.P.2 admitted the same as Consent Award. As seen from Ex.P.3 and
Ex.P.4 are also Consent Awards basing on Negotiation Committee formed by
the Government in order to not to face this type of prolonged present
litigation and to put an end to the acquisition proceedings by providing some
permanent and good solution for land loosers. As seen from above Consent
Awards the market value arrived with consent about more than Rs.2,00,000/.
In the opinion of this Court and when taking into this Consent Awards also the
market value of acquired lands has to be in between Rs.1,00,000/ to
Rs.2,00,000/.
64.Now let us discuss whether any deductions have to be made while determining the correct market value of the acquired lands or not.
65.It is relevant point of time again to go and extract evidence of Referring
Officer what is his evidence in development of surrounding area and whether any expenditure has to be incurred for development of acquired land i.e., post
LAOP .No.13/2007 ASCJC/AKP Page No. 34 ASCJC/AKP Dt. 26-06-2020.
acquisition expenses for development. It is the evidence of chief examination of
R.W.1 that the main object of Corporation is to acquire land for development of lands with infrastructure facility into industrial area to allot plots to Entrepreneurs for industrial purpose. R.W.1 in his cross examination also admitted the fact
stating that as on the date of acquisition under Ex.R.1 there are Visakha Steel
Plant, Niraj Petrochemicals, HPCC, NTPC at Parawada, Railway Station, Junior
College, Government and Private Hospitals, Public and Private transplantation
are situated in and around the acquired land. There is no denial by the
learned Counsel for Referring Officer about the fact deposed by the Claimant
as P.W.1 that there is a Railway track between Thanam Village and
Lankelapalem Village as well as Yeleru Canal in between the border of
Lemarthi Village and Lankelapalem village and the said Yeleru Canal is
situated at a distance of 4 furlongs from Thanam Village due to which it can be
inferred about potentiality of acquired lands in Thanam Village. When it is so, the Land Acquisition Officer ought to have determined more amount than the one fixed by him as on the date of acquisition apart from the observation the then Land
Acquisition Officer in Ex.R.1 that the lands in Thanam Village are more fertile than the acquired Ponnuru Agraharam Village and there are several projects are coming in and around Thanam Village.
66.The main object of acquisition of lands for industrial purpose was
not denied by the learned counsel for the Claimants as because there may not
be any such question since his lands were acquired for that purpose only and if
there is no such purpose the question of acquisition does not arise.
67.This Court would say that whenever the acquired land was not fully developed and the acquisition itself for development of lands and there may be investment of expenditure and some acquired land has to be kept for roads,
LAOP .No.13/2007 ASCJC/AKP Page No. 35 ASCJC/AKP Dt. 26-06-2020.
amenities, etc., and it requires just, fair and proper deduction towards development charges out of the average price worked out.
68. At this juncture this Court would like to rely 2017 LawSuit(SC) 693 = 2017 AIR(SC) 3330 = 2017 (8) SCC 558 held in between VITHAL RAO AND
ANOTHER ETC; ANNAPPA SINCE DEAD BY HIS LRS AND ORS VS. SPECIAL
LAND ACQUISITION OFFICER wherein the Hon’ble Apex Court observed in para 26 that :
“In Chimanlal Hargovinddas vs Special Land Acquisition Officer, Poona &
Anr, 1988 3 SCC 751, this Court dealt with the question as to how the Court should determine the valuation of the lands under acquisition and what broad principle of law relating to acquisition of land under the Act should be kept in consideration to determine the proper market value of the acquired land.”
The Hon’ble Apex Court observed in para 27 that :
“In Para 4 of the judgment, this Court laid down as many as 17 principles, which are reproduced below for perusal:
"(1) to (4) .
(5) The market value of land under acquisition has to be determined as on the crucial date of publication of the notification under Section 4 of the Land
Acquisition Act (dates of notifications under Sections 6 and 9 are irrelevant).
(6) xxxxxxxx (7) In doing so by the instances method, the court has to correlate the market value reflected in the most comparable instance which provides the index of market value.
(8) Only genuine instances have to be taken into account. (Sometimes instances are rigged up in anticipation of acquisition of land.) (9) Even postnotification instances can be taken into account (1) if they are very proximate, (2) genuine and (3) the acquisition itself has not motivated the purchaser to pay a higher price on account of the resultant improvement in development prospects.
(10) The most comparable instances out of the genuine instances have to be identified on the following considerations:
(i) proximity from time angle,
LAOP .No.13/2007 ASCJC/AKP Page No. 36 ASCJC/AKP Dt. 26-06-2020.
(ii) proximity from situation angle.
(11) Having identified the instances which provide the index of market
value the price reflected therein may be taken as the norm and the
market value of the land under acquisition may be deduced by making
suitable adjustments for the plus and minus factors visàvis land under
acquisition by placing the two in juxtaposition.
(12) A balancesheet of plus and minus factors may be drawn for this purpose and the relevant factors may be evaluated in terms of price variation as a prudent purchaser would do.
(13) The market value of the land under acquisition has thereafter to be deduced by loading the price reflected in the instance taken as norm for plus factors and unloading it for minus factors.
(14) The exercise indicated in clauses (11) to (13) has to be undertaken in a common sense manner as a prudent man of the world of business would do. We may illustrate some such illustrative (not exhaustive) factors:
Plus factors Minus factors
1. smallness of size1. largeness of area
2. situation in the interior at a distance
2. proximity to a roadfrom the Road
3. narrow strip of land with very small
3. frontage on a roadfrontage compared to depth
4. lower level requiring the depressed
4. nearness to developed portion to be area filled up
5. regular shape5. remoteness from developed locality
6. level visavis land under 6. some special disadvantageous factor Acquisitionwhich would deter a purchaser
7. special value for an owner of an adjoining property to whom it may have some very special advantage (15) The evaluation of these factors of course depends on the facts of
each case. There cannot be any hard and fast or rigid rule. Common
sense is the best and most reliable guide. For instance, take the factor regarding the size. A building plot of land say 500 to 1000 sq. yds. cannot be compared with a large tract or block of land of say 10,000 sq. yds. or more.
Firstly while a smaller plot is within the reach of many, a large block of land will have to be developed by preparing a lay out, carving out roads, leaving open space, plotting out smaller plots, waiting for purchasers (meanwhile the
LAOP .No.13/2007 ASCJC/AKP Page No. 37 ASCJC/AKP Dt. 26-06-2020.
invested money will be blocked up) and the hazards of an entrepreneur. The
factor can be discounted by making a deduction by way of an allowance
at an appropriate rate ranging approximately between 20 per cent to 50
per cent to account for land required to be set apart for carving out lands
and plotting out small plots. The discounting will to some extent also
depend on whether it is a rural area or urban area, whether building
activity is picking up, and whether waiting period during which the
capital of the entrepreneur would be locked up, will be longer or shorter
and the attendant hazards.
(16) Every case must be dealt with on its own fact pattern bearing in mind all these factors as a prudent purchaser of land in which position the judge must place himself.
(17) These are general guidelines to be applied with understanding informed with common sense."
The Hon’ble Apex Court observed in para 28 that :
“These principles are invariably kept in mind by the Courts while determining the market value of the acquired lands (see also Union of India vs. Raj Kumar
Baghal Singh (Dead) Through Legal Representatives & Ors, 2014 10 SCC 422.
The Hon’ble Apex Court observed in para 29 that :
“In addition to these principles, this Court in several cases have also laid
down that while determining the true market value of the acquired land
and especially when the acquired land is a large chunk of undeveloped
land, it is just and reasonable to make appropriate deduction towards
expenses for development of acquired land. It has also been consistently
held that at what percentage the deduction should be made vary from
10% to 86% and, therefore, the deduction should be made keeping in
mind the nature of the land, area under acquisition, whether the land is
developed or not and, if so, to what extent, the purpose of acquisition, etc., It has also been held that while determining the market value of
the large chunk of land, the value of smaller piece of land can be taken
into consideration after making proper deduction in the value of lands
and when sale deeds of larger parcel of land are not available. This Court has also laid down that the Court should also take into consideration the
LAOP .No.13/2007 ASCJC/AKP Page No. 38 ASCJC/AKP Dt. 26-06-2020.
potentiality of the acquired land apart from other relevant considerations.
This Court has also recognized that the Courts can always apply
reasonable amount of guesswork to balance the equities in order to fix a
just and fair market value in terms of parameters specified under
Section 23 of the Act. (See Trishala Jain & Anr. Vs. State of Uttaranchal
& Anr. , 2011 6 SCC 47).
The Hon’ble Apex Court observed in para 31 that :
“Taking into account the factual scenario of the acquired land and having regard to the totality of the circumstances taken note of supra, we are of the considered view that it would be just, fair and proper to take out the average value of these plots. Since the acquired land is not fully developed and it
requires for construction of rehabilitation centre, it would be just, fair
and proper to deduct 40% of the amount towards development charges
out of the average price worked out. Such deduction is permissible in law
( Land Acquisition Officer Revenue Divisional Officer, Chittor vs. L.
Kamalamma Dead by LRs. & Ors. Etc , 1998 2 SCC 385).
69. As seen from the above said citation it could be said that some
deduction of just, fair and proper amount towards development charges has to
be made from the average market value arrived by the court. In the instant
LAOP also since the acquisition of lands under present Award itself for
development of lands with infrastructure facility into industrial area as such
certainly deduction of amount towards development charges has to be made.
70.P.W.1 deposed that after establishment of factories the acquired
land is not used for dwelling purpose. As seen from record and evidence there
is no whisper about providing rehabilitation and that after acquisition of land
the Government has not provided any rehabilitation. Even though it is the allegation of Claimants in their Claim Statement that compensation was not given for some of the trees, surprise to this Court P.W.1 in his cross examination admitted stating that the Horticulture Department ascertained trees value at the time of
LAOP .No.13/2007 ASCJC/AKP Page No. 39 ASCJC/AKP Dt. 26-06-2020.
acquisition but stated that compensation was not paid for some other trees. Here it is just and essential to have a glance into Copy of Award marked as Ex.R.1 at Page 6 in respect of trees noted that there are standing trees like Palmyrah, Mango,
Coconut, Cashew trees in the acquired lands and that fruit bearing trees like
Mango, Coconut, Cashew trees are valued by the Horticulture Office of
Visakhapatnam and the value furnished by Horticulture Officer has been adopted in this Award and the value of the scattered trees has been arrived at as per
G.O.Ms.No.601, Rev(LA) Dept. dt.19061992. No such record filed by the Land
Acquisition Officer to show the trees in acquired lands were valued by the
Horticulture Department and as such it has no credibility in this aspect which clearly discloses that there are trees existing in the acquired lands.
71.The learned Counsel for the Claimants quoted citation i.e., 1994 (1) ALT 4 (NRC) in respect of consideration of Awards of neighbouring villages. With great respect to the Hon’ble High Court of A.P. this court would like to say that this citation has no application to the facts and circumstances of this court and this court answered the reference in detail with reasons.
72.The learned Counsel for the Claimants quoted citation i.e., AIR 1971 SC 1253 and 1998 (1) LACC 61 in respect of consideration of gradual increase of land prices in the area under acquisition. With great respect to the Hon’ble Apex Court this court would like to say that this citation has no application to the facts and circumstances of this court and this court answered the reference in detail with reasons.
73.The learned Counsel for the Claimants quoted citation i.e., AIR 1972
Madras 170 in respect of the authority that highest price of fair transaction can be taken into consideration at the time of fixing market value of lands under acquisition. With great respect to the Hon’ble High Court of Madras this court would like to say that this citation has no application to the facts and
LAOP .No.13/2007 ASCJC/AKP Page No. 40 ASCJC/AKP Dt. 26-06-2020.
circumstances of this court and this court answered the reference in detail with reasons.
74.The learned Counsel for the Claimants quoted citation i.e., AIR 1985
Delhi 298 and AIR 1989 Delhi 310 in respect of authority that similar developments and potentiality in neighbouring villages can also be taken into consideration for fixing market value of acquired lands. With great respect to the Hon’ble Court of
Delhi this court would like to say that this citation has no application to the facts and circumstances of this court and this court answered the reference in detail with reasons.
75. The learned Counsel for the Claimants quoted citation i.e., An.W.R 1975 28 in respect of the authority that sale transactions of neighbouring villages can be taken into consideration at the time of fixing market value of lands under acquisition. With great respect to the Hon’ble High Court of A.P this court would like to say that this citation has no application to the facts and circumstances of this court as because this court made application of suitable and relevant citation of
Hon’ble Apex Court.
76. The learned Counsel for the Claimants quoted citation i.e., AIR 1986
Delhi 140 in respect of the authority that potential value of acquired land and its capable possibility in future can be taken into consideration at the time of fixing market value of lands under acquisition. With great respect to the Hon’ble High
Court of Delhi this court would like to say that this citation has no application to the facts and circumstances of this court and this court answered the reference in detail with reasons.
77. The learned Counsel for the Claimants quoted citation i.e., AIR
2001 SC 1117 with regard to the authority that Certified Copies of Sale deeds
produced in the LAOP cases can be considered without examining its vendor or
vendee to fix compensation to the Claimant. This Court would say that those
LAOP .No.13/2007 ASCJC/AKP Page No. 41 ASCJC/AKP Dt. 26-06-2020.
citations are squarely applicable to the present facts and circumstances of this
LAOP.
78.The learned Counsel for the Claimants quoted citation i.e., AIR
2001 SC 3516 with regard to the authority of awarding interest on Solatium in
view of compulsory acquisition. With great respect to the Hon ’ ble Apex Court
this Court would say that this citation is applicable to the present facts and
circumstances of this LAOP at the time passing of Award while passing order
in respect of enhancing market value.
79.The learned Counsel for the Claimants quoted citation i.e., 2003 (6)
ALD 686 (DB) with regard to the authority that application of post notification sales can also be considered for determination of quantum of compensation to acquired lands. With great respect to the Hon’ble High Court of A.P this court would like to say that this citation has no application to the facts and circumstances of this case.
80.In view of the above discussion it is just and essential to make deduction of amount towards development charges from the amount arrived by this
Court in the above paras. Since this Court arrived at Rs.1,50,000/ and
deductions towards development charges are essential as such this Court came
to conclusion to deduct at 20% from the arrived Rs.1,50,000/ which is
Rs.30,000/ and deducting the said amount it will come to Rs.1,20,000/ per
acre for Dry Land and accordingly this Court being Reference Court fixed
Rs.1,30,000/ per acre for Wet Land. Hence this reference is answered in
favour of Claimants.
In the result, this LAND ACQUISITION ORIGINAL PETITION is allowed as follows:
LAOP .No.13/2007 ASCJC/AKP Page No. 42 ASCJC/AKP Dt. 26-06-2020.
i) The market value is fixed at Rs.130,000/ per acre for the Wet land an extent of Ac.0.19 cents i.e., Wet land an extent of Ac.019 cents in S.No.45/5 and 45/23 is situated in Thanam Village of Parawada Mandal which was occurred by the Government under Award No.12/95, dated 16091995.; ii)The Claimants are entitled to the Additional Market Value payable under Sec.23(1A) of the Land Acquisition Act at 12% p.a on the market value determined under Sec.23 (1) of the Act from the date of publication of the Draft Notification under Sec.4 (1) of the Act to the date of Award.; iii)The Claimants are entitled to the payment of Solatium at 30% under Sec.23 (2) of the Act on the enhanced market value determined under Sec.23(2) of the Act in consideration of the compulsory nature of acquisition; iv) The Claimants are entitled to payment of interest under Sec.34 of the Act on the enhanced compensation at 9% p.a for one year and at 15% p.a, thereafter from the date of taking possession of the lands which is also the date of passing of the award till the amount is paid or deposited into Court;
v) The compensation already received by the deceased Claimant by name Rongali Paradesamma including his L.Rs i.e., 2 nd Claimant shall be deducted from the enhanced compensation payable under this Order; vi) But in the circumstances both parties do bear its own costs.
Typed to my dictation by Stenographer, corrected and pronounced by me in open court on this the 26th day June, 2020.
ADDITIONAL SENIOR CIVIL JUDGE
ANAKAPALLE.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR CLAIMANTS:FOR REFERRING OFFICER: P.W.1: Rongali Paradesamma. R.W.1: Ch.Sathibabu(LAO).
DOCUMENTS MARKED
FOR CLAIMANTS:
Ex.P-1Xerox copy of certified copy of Decree and order in LAOP No.33/1998 in respect of Award No.12/1995, dt. 6-6-2005
Ex.P-2Xerox copy of certified copy of Award No.4/1996 dated 24-02-1996 in respect of lands of Eedulapaka Bonanji Village dated 24-02-1996
Ex.P-3Xerox copy of certified copy of Award No.18/1996 dated 27-03-1996 in respect of
LAOP .No.13/2007 ASCJC/AKP Page No. 43 ASCJC/AKP Dt. 26-06-2020.
lands of Tadi Village
Ex.P-4Xerox copy of Certified Copy of Award No.10/1998 dated 29-12-1998 in respect of lands of Cheepurapalli Village
Ex.P-5Xerox copy of certified copy of Registration Extract of Sale deed dated 03-11- 1993 bearing document No.3237/1993 in favour of Gorle China Babu in respect of Tanam Village
Ex.P-6Xerox copy of certified copy of Registration Extract of Sale deed dated 06-12- 1995 bearing document No.3350/1995 in favour of Rayudu Appa Rao in respect of Tanam Village
Ex.P-7Xerox copy of certified copy of Registration Extract of Sale deed dated 24-10- 1989 in favour of P.Leela Srinivasa Rao in respect of Eedulapaka Bonangi Village
Ex.P-8Xerox copy of certified copy of Registration Extract of Sale deed dated 30-01- 1990 in favour of S.V.Pratap in respect of Eedulapaka Bonangi Village
Ex.P-9Xerox copy of certified copy of Registration Extract of Sale deed dated 31-03- 1990 in favour of Neelapu Ramakrishna in respect of Eedulapaka Bonangi Village
Ex.P-10Xerox copy of certified copy of Registration Extract of Sale deed dated 04-05- 1991 in favour of Gudala Laxmi Jhansi Bhai in respect of Eedulapaka Bonangi Village
Ex.P-11Xerox copy of certified copy of Decree and order in LAOP No.19/2007 in respect of Award No.12/1995 dated 30-04-2018
FOR REFERRING OFFICER: Ex.R.1: Award No.12/95 dt.16091995.
ADDITIONAL SENIOR CIVIL JUDGE
ANAKAPALLE.
LAOP .No.13/2007 ASCJC/AKP Page No. 44 ASCJC/AKP Dt. 26-06-2020.
Date of Presentation: 02.01.1997 Date of Filing : 12.02.2007
IN THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE:: ANAKAPALLE.
Present : Sri K.K.V.Buli Krishna
Additional Senior Civil Judge,
Anakapalle.
Dated: Thursday, this the 27th day of February, 2020.
L.A.O.P. No.23/2007
Between:
1. Rongali Demudu S/o late Pydithalli (died).
2. Rongali Yerrayamma, W/o late Demudu, Hindu, aged 70 years, R/at Thanam Village, Paravada Mandal, Visakhapatnam District.
3. Rongali Pydumnaidu W/o late Demudu, Hindu, aged 47 years, R/at Thanam Village, Paravada Mandal, Visakhapatnam District. … Claimants.
Vs.
Land Acquisition Officer and Spl. Dy. Collector (L.A), APIIC, Visakhapatnam. …Referring Officer.
(2nd and 3rd Claimants impleaded as per orders of this Court in I.A.No.235/2019 dt.21112019.)
This is a Reference filed u/Sec.18 of Land Acquisition Act, 1894 by the
L.A officer cum Special Dy. Collector (L.A), APIIC, Visakhapatnam on the protest made by the deceased Claimant by name Rongali Demudu, whose L.Rs. impleaded
as 2nd and 3rd Claimants as per orders of this Court in I.A.No.235/2019 dt.2111
2019 and whose Wet land an extent of Ac.0.28 cents i.e., Wet land an extent of
Ac.015 cents in S.No.38/9, Ac.0.03 cents in S.No.38, Ac.0.10 cents in S.No.47. Dry land in an extent of 0.23 cents in S.No.31/3 is situated in Thanam Village of
Parawada Mandal which was occurred by the Government under Award No.12/95,
dated 16091995.
This case coming before me on 19.02.2020 for final hearing in the presence of Sri M.Pydiraju, Advocate for the Claimant and Sri R.Govindaraju,
Advocate for the Referring Officer, having heard on both sides, having perused the
LAOP .No.13/2007 ASCJC/AKP Page No. 45 ASCJC/AKP Dt. 26-06-2020.
material papers and having stood over for consideration till this day, this Court doth order and:
D E C R E E
1. The market value is fixed at Rs.130,000/ per acre for the Wet land an extent of Ac.0.28 cents i.e., Wet land an extent of Ac.015 cents in S.No.38/9, Ac.0.03 cents in S.No.45/38 Ac.0.10 cents in S.No.45/47. The market value is fixed at Rs.1,20,000/ per acre for the Dry land in an extent of 0.23 cents in S.No.31/3 is situated in Thanam Village of Parawada Mandal which was occurred by the Government under Award No.12/95, dated 16091995.;
2. The Claimants are entitled to the Additional Market Value payable under Sec.23(1A) of the Land Acquisition Act at 12% p.a on the market value determined under Sec.23 (1) of the Act from the date of publication of the Draft Notification under Sec.4 (1) of the Act to the date of Award.;
3. The Claimants are entitled to the payment of Solatium at 30% under Sec.23 (2) of the Act on the enhanced market value determined under Sec.23(2) of the Act in consideration of the compulsory nature of acquisition;
4. The Claimants are entitled to payment of interest under Sec.34 of the Act on the enhanced compensation at 9% p.a for one year and at 15% p.a, thereafter from the date of taking possession of the lands which is also the date of passing of the award till the amount is paid or deposited into Court;
5. The compensation already received by the deceased Claimant by name Rongali Demudu including his L.Rs i.e., 2nd & 3rd Claimants shall be deducted from the enhanced compensation payable under this Order;
6. that there be no order as to costs.
Given under my hand and seal of this court, this the 26th day of February, 2020.
Addl. Senior Civil Judge, Anakapalle.
Memorandum of Costs
No costs memo is filed on either side.
Addl. Senior Civil Judge, Anakapalle.
LAOP .No.13/2007 ASCJC/AKP Page No. 46 ASCJC/AKP Dt. 26-06-2020.
Order Record 317 total
| Case No. | Parties | Date | Type | Outcome |
|---|---|---|---|---|
| OP/12/2007 | Rongali Appanna @ Kullodu vs Special Deputy Collector, LA | 26 Jun 2020 | ORDER | — |
| OP/13/2007 | Rongali Paradesamma vs The Special Deputy Collector-LA | 26 Jun 2020 | ORDER | — |
| OP/20/2007 | Pyla Parasuramulu vs Special Deputy Collector, LA | 25 Jun 2020 | ORDER | — |
| OP/93/2006 | Nammi Appanna vs Special Deputy Collector | 25 Jun 2020 | ORDER | — |
| OP/14/2007 | Doppa Demudu vs Special Deputy Collector, LA | 24 Jun 2020 | ORDER | — |
| OP/21/2007 | Varri Yerrinaidu vs Special Deputy Collector, LA | 24 Jun 2020 | ORDER | — |
| EP/36/2019 | Palisetty Chandra Rao vs Gompa Varahala Rao | 16 Mar 2020 | JUDGEMENT | — |
| H.M.O.P/10/2020 | Mamidi chandra Sekhar vs Mamidi Dhanusri @ Dhanurya | 16 Mar 2020 | ORDER | — |
| H.M.O.P/69/2019 | Kandubothu Srinivasarao @ Srinivas vs NIL | 16 Mar 2020 | ORDER | — |
| SC/206/2015 | SI of Police, Anakapalli Rural PS vs Malla Musilinaidu | 12 Mar 2020 | JUDGEMENT | — |
| H.M.O.P/49/2019 | Kamal Bafna vs Sanjana Bafana | 12 Mar 2020 | JUDGEMENT | — |
| OS/58/2017 | Konatala Kannaji vs Malla Varaprasad Rao | 11 Mar 2020 | ORDER | — |
| OS/189/2014 | Gollavilli Eswrarao vs Nemai Chandra Paul | 11 Mar 2020 | JUDGEMENT | — |
| EP/61/2019 | Bokam Sannibabu vs Bokam Jagannadham | 10 Mar 2020 | ORDER | — |
| H.M.O.P/62/2019 | Ambati Ravisankara Kumar vs Nil | 10 Mar 2020 | ORDER | — |
| H.M.O.P/66/2019 | Gonthina Lovaraju vs Vs-NIL- | 10 Mar 2020 | ORDER | — |
| SC/17/2019 | Inspector of Police, Anandapuram PS vs Rajesh | 06 Mar 2020 | JUDGEMENT | — |
| OS/33/2018 | Sistla Joga Rao vs Andra Bala Tripura Sundari | 04 Mar 2020 | JUDGEMENT | — |
| H.M.O.P/45/2019 | Kontham Venkata Satyanarayana vs Konatham Parvathi | 03 Mar 2020 | ORDER | — |
| H.M.O.P/55/2019 | Katrapalli Maheswarrao vs Vs-Nil- | 02 Mar 2020 | ORDER | — |
| OS/169/2017 | Inkula Shankara Rao vs Y.Sesha Ratnam | 28 Feb 2020 | ORDER | — |
| OP/5/2007 | Varri Appalanaidu vs Special Deputy Collector, LA | 27 Feb 2020 | ORDER | — |
| OP/23/2007 | Rongali Demudu vs Special Deputy Collector, LA | 27 Feb 2020 | ORDER | — |
| OP/11/2007 | Pyla Adilakshmi @ Atchulamma vs Special Deputy Collector, LA | 26 Feb 2020 | ORDER | — |
| OP/15/2007 | Bathi Kannayya vs Special Deputy Collector, LA | 26 Feb 2020 | ORDER | — |
| H.M.O.P/72/2019 | Moturu Rama Devi vs Moturu Ramesh | 24 Feb 2020 | ORDER | — |
| EP/29/2019 | Akkireddy Mahesh vs Gandhavarapu Nookaraju | 20 Feb 2020 | JUDGEMENT | — |
| OS/219/2009 | Konathala Ravi Teja and another vs Konathala Uday Bhaskar and 2 others | 20 Feb 2020 | ORDER | — |
| SC/185/2018 | SHO P.M.Palem P.s. vs Tekkuma Sampath Kumar @ Tekkuma Agustine | 19 Feb 2020 | JUDGEMENT | — |
| OS/184/2017 | Botcha Ramakrishna vs Yamajala Sesharatnam | 17 Feb 2020 | ORDER | — |
| OS/212/2016 | Konkupudi Rama Sivajee Ganesh vs Pinnamaraju Satyanarayana Raju | 17 Feb 2020 | JUDGEMENT | — |
| SC/162/2017 | Inspector of Police, Munagapaka P.S vs Malla Joginaidu | 17 Feb 2020 | ORDER | — |
| H.M.O.P/71/2014 | Majji Nanaji vs Majji Nookeswari | 17 Feb 2020 | ORDER | — |
| OS/133/2017 | Pyla Ramu vs Varri Ramesh | 14 Feb 2020 | ORDER | — |
| EP/48/2012 | Doddi. China Apparao vs The special Thasildar | 12 Feb 2020 | ORDER | — |
| EP/100012/2016 | Bhoggarapu Subba Laxmi vs Neelam Soma Raju | 12 Feb 2020 | ORDER | — |
| EP/100073/2007 | State Bank of Hyderabad, Muvvalavanipalem vs Budumuri Kumar | 12 Feb 2020 | ORDER | — |
| H.M.O.P/86/2019 | Dulla Hyma @ Hymavathi vs Dulla Ramesh | 11 Feb 2020 | ORDER | — |
| OS/24/2019 | malabaru Krishna Murali vs Addepalli Lakshmi | 10 Feb 2020 | ORDER | — |
| H.M.O.P/53/2019 | Jalligampala Krishna vs Vs-NIL- | 10 Feb 2020 | ORDER | — |
| OS/54/2018 | State Bank of India, Rep. by Dindi Sridhar, manager vs Dauluri Venkata Ramana | 08 Feb 2020 | ORDER | — |
| OS/10/2018 | Kandipalli Babu Rao vs Chandu Venkata Sudarshana Rao | 07 Feb 2020 | ORDER | — |
| OS/47/2015 | Palukuri Aruna vs Palukuri Naga Pardhasaradhi | 05 Feb 2020 | JUDGEMENT | — |
| L.A.O.P/8/2012 | Land Acquisition Officer vs Tokala Varaha Subramanyaswara Chellarao | 31 Jan 2020 | ORDER | — |
| L.A.O.P/214/2012 | Land Acquisition Officer vs Romala Appanna | 31 Jan 2020 | ORDER | — |
| L.A.O.P/219/2012 | Land Acquisition Officer and Spl. Deputy Collector vs Doppa Neelaswamy | 31 Jan 2020 | ORDER | — |
| OS/84/2015 | Chitrotu Hanumantharao vs Chitrotu Krishna | 29 Jan 2020 | JUDGEMENT | — |
| EP/100004/2018 | Adari Rama Koteswara Rao vs Pidentla Bhavani | 28 Jan 2020 | JUDGEMENT | — |
| H.M.O.P/18/2019 | Pentakota Mohan Bharat Ram vs Vs-NIL- | 28 Jan 2020 | ORDER | — |
| OS/7/2018 | Moturu Bala Satya Raghava vs Doddi Mutyalayya | 27 Jan 2020 | ORDER | — |
| H.M.O.P/98/2018 | Surisetty Joga Naga Srinivas alias Srinivas vs Smt.Surisetti Santhoshi Kumari | 24 Jan 2020 | ORDER | — |
| OS/36/2019 | Bonda Sarala vs Boddeda Srinu | 20 Jan 2020 | ORDER | — |
| SC/27/2019 | Inspector of Police vs Kottapalli Jaya Raju | 10 Jan 2020 | ORDER | — |
| EP/28/2019 | Matturthi Srinivasa Rao vs Yerram Setti Subhadra | 09 Jan 2020 | ORDER | — |
| OS/104/2017 | Setti Apparao vs Gandi Durga Prasad | 09 Jan 2020 | ORDER | — |
| H.M.O.P/44/2019 | Thammireddi Raj Kumar vs Vs-NIL- | 06 Jan 2020 | ORDER | — |
| OS/26/2017 | Varadi Kumari vs Chandaka Lakshmana Rao | 26 Dec 2019 | ORDER | — |
| OS/225/2010 | Vegi Param Jyothi vs Pyla Gundamma and another | 16 Dec 2019 | JUDGEMENT | — |
| H.M.O.P/78/2018 | Adari Jogi Suresh Kumar vs Adari Sridurga | 16 Dec 2019 | ORDER | — |
| H.M.O.P/11/2019 | Vujji Satyavathi vs Vujji Suresh | 13 Dec 2019 | ORDER | — |
| EP/100013/2016 | Kundrapu Bhaskara Rao vs Sandipamu Raja Kumar | 10 Dec 2019 | ORDER | — |
| EP/100016/2016 | Sarisa Simhachalam vs Uerrajonnala Venkata Rao | 10 Dec 2019 | ORDER | — |
| OS/111/2016 | State Bank of India vs Shirdi Sai Pountry Feeds | 10 Dec 2019 | JUDGEMENT | — |
| EP/100015/2016 | Paidi Daleppadu vs Peddada Appala Raju | 06 Dec 2019 | ORDER | — |
| EP/100017/2017 | Adari Rama Koteswararao vs Tarapatla Mary Vijaya Suseela | 06 Dec 2019 | ORDER | — |
| OS/51/2016 | Ganireddy Nagamani vs Tagarampudi Kanakayya | 06 Dec 2019 | JUDGEMENT | — |
| EP/100012/2018 | Kandregula Jagan Mohan Venkata Reddamma Naidu vs Sarakam Satyanarayana | 05 Dec 2019 | ORDER | — |
| OS/187/2018 | Jagani Ramesh vs Boddeti Venkata Balaram | 05 Dec 2019 | OTHERS | — |
| H.M.O.P/74/2018 | Anaparthi Lakshmi vs Anaparthi Venkata Apparao | 05 Dec 2019 | ORDER | — |
| EP/100038/2015 | Nelli Venkata Laxmi vs Singampalli Krishna | 04 Dec 2019 | ORDER | — |
| OS/133/2018 | Gangavarapu Tatababu vs GangavarapuKannababu and 24 others | 04 Dec 2019 | JUDGEMENT | — |
| H.M.O.P/10/2019 | Gannu Jaggapparao vs Vs-NIL- | 02 Dec 2019 | ORDER | — |
| OS/153/2018 | Rallapalli Narendra vs Nakkina Parvatamma | 28 Nov 2019 | JUDGEMENT | — |
| OS/3/2019 | Kandregula Appalanarasayya Naidu vs Kandregula Seetharamayya | 26 Nov 2019 | ORDER | — |
| OS/3/2019 | Kandregula Appalanarasayya Naidu vs Kandregula Seetharamayya | 26 Nov 2019 | JUDGEMENT | — |
| SC/201/2017 | Sub Inspector of police, Bheemunipatnam Traffic Police vs Pitla Siva | 26 Nov 2019 | ORDER | — |
| EP/35/2019 | Dasari Sudhakar vs Akkiri Satyanarayana | 21 Nov 2019 | ORDER | — |
| OS/171/2013 | Malla Gangunaidu vs Bheesetty Ramu | 20 Nov 2019 | JUDGEMENT | — |
| SC/64/2018 | Sub Inspector of Police vs Villapu Rambabu alias Ramu | 20 Nov 2019 | JUDGEMENT | — |
| H.M.O.P/23/2019 | Kotni Venkata Naga Surya Prasad vs Vs-Nil- | 20 Nov 2019 | ORDER | — |
| H.M.O.P/41/2019 | palakollu varalakshmi @ c hinna vs Vspalakollu venkata Ramana | 20 Nov 2019 | ORDER | — |
| H.M.O.P/75/2017 | Akkireddy Haima vs Akkireddy Nagaraju alias Nagesh | 20 Nov 2019 | ORDER | — |
| EP/100002/2017 | State Bank of India vs Takasi Prasad | 19 Nov 2019 | ORDER | — |
| SC/203/2017 | Inspector of police, Anandapuram P.S vs Korukonda Pydi Naidu | 14 Nov 2019 | ORDER | — |
| OS/100262/2018 | Yellapu Seshukumari vs Pilla Ramakrishna | 31 Oct 2019 | judgement | — |
| OS/100102/2018 | Challapalli Suribabu vs Challapalli Srinivasa Rao alias Sreenu | 30 Oct 2019 | judgement | — |
| OS/100103/2018 | Challapalli Ganga Srinivasa Rao vs Challapalli Srinivasa Rao alias Sreenu | 30 Oct 2019 | judgement | — |
| OS/100144/2018 | Kuramdasu Nookalamma vs Kuramdasu Bala Raju | 30 Oct 2019 | judgement | — |
| OS/43/2019 | Dadi Venkatra Mahalakshmi vs Kilaparthi Eswaramma | 29 Oct 2019 | judgement | — |
| OS/256/2019 | THADELA GOVINDARAO vs PAPPALA SANJEEVA RAO | 29 Oct 2019 | judgement | — |
| OS/244/2019 | PATCHAMATLA VENKATESWARA RAJU vs SRI VATAKA VENKATA RAMANA AND ONE ANR | 28 Oct 2019 | judgement | — |
| OS/101/2019 | Padala Ganesh vs Vadisala Trinadh @ Ramakoti Venkata Thrinadh | 18 Oct 2019 | judgement | — |
| OS/182/2019 | AYINAMPUDI RAMESH RAJU vs MALLULA BHASKAR RAO | 16 Oct 2019 | judgement | — |
| OS/73/2019 | LALAM SARVESWARARAO vs SINGAMPALLI ARJUNARAO | 30 Sep 2019 | judgement | — |
| OS/100149/2017 | Chepala Latchayya vs Adigarla Varma | 23 Sep 2019 | judgement | — |
| OS/100150/2017 | Chepala Latchayya vs Adigarla Babji | 23 Sep 2019 | judgement | — |
| OS/100193/2009 | E. Govindamma vs Y. APpanna | 20 Sep 2019 | judgement | — |
| OS/100032/2017 | Gaganam Narayana vs Allu Kasulu | 19 Sep 2019 | judgement | — |
| OS/100089/2017 | Bejawada Venkata Govindaraju @ Nageswara Rao vs Surla Nookaraju | 18 Sep 2019 | judgement | — |
| OS/19/2019 | Jagarapu Lakshmi vs Panchadarla Chinammalu | 16 Sep 2019 | judgement | — |
Monthly Orders (Last 12 Months)
| Jun 2020 | 12 | |
| Mar 2020 | 14 | |
| Feb 2020 | 23 | |
| Jan 2020 | 13 | |
| Dec 2019 | 18 | |
| Nov 2019 | 14 | |
| Oct 2019 | 9 | |
| Sep 2019 | 15 | |
| Aug 2019 | 35 | |
| Jul 2019 | 41 | |
| Jun 2019 | 25 | |
| May 2019 | 19 |
Log in for full trend data.
Frequently Asked Questions
How many cases has K.K.V.Buli Krishna handled?
K.K.V.Buli Krishna has handled 331 court orders since 2019 at X Addl District Court Anakapalle. The average disposal rate is 18 orders per month.
What types of cases does K.K.V.Buli Krishna hear?
Based on available records, K.K.V.Buli Krishna primarily handles Civil matters (Original Suits, Execution Petitions) and Criminal matters (Sessions Cases) at X Addl District Court Anakapalle.
Where is K.K.V.Buli Krishna currently posted?
K.K.V.Buli Krishna is posted as ADDITIONAL CIVIL JUDGE (SENIOR DIVISION) at X Addl District Court Anakapalle, Visakapatnam, Andhra Pradesh.
Are judgments by K.K.V.Buli Krishna available online?
Yes. 11 judgments by K.K.V.Buli Krishna are available on Legistro with full text, outcome, and sections cited.
How fast does K.K.V.Buli Krishna dispose cases?
K.K.V.Buli Krishna disposes approximately 18 cases per month, based on 331 orders handled over their tenure at X Addl District Court Anakapalle.
Since when is K.K.V.Buli Krishna serving?
K.K.V.Buli Krishna has been serving at X Addl District Court Anakapalle since 2019.
Case Types
Posting History
-
Nov 2019 — Jul 2020ADDITIONAL CIVIL JUDGE (SENIOR DIVISION) · 94 orders
-
Jan 2019 — Nov 2019PRINCIPAL CIVIL JUDGE (JUNIOR DIVISION) · 237 orders
Other Judges at this Court