Full Judgment Text
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PETITIONER:
MASIPATLA RAGHAVULU
Vs.
RESPONDENT:
THE REVENUE DIVISIONAL OFFICER,LAO, PEDDAPALLI
DATE OF JUDGMENT: 15/03/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
NANAVATI G.T. (J)
CITATION:
JT 1996 (3) 678 1996 SCALE (3)189
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Intervention is allowed.
Leave granted. We have heard learned counsel on both
sides.
Notification under Section 4 [1] of the Land
Acquisition Act, 1894 [for short, the ’Act’] acquiring large
extent of land for National Thermal Power Corporation, was
published on September 22, 1979. The Land Acquisition
Officer determined compensation 8 Rs.3,000/- per acre. On
reference, the learned sub-Judge enhanced the compensation
to Rs.6,500/- per acre. On appeal, the High Court of Andhra
Pradesh confirmed the order passed by the learned sub-Judge.
Thus this appeal by special leave.
It is not in dispute that when for the same purpose
another land was acquired from Maidpalli village to which
Lingapur is a hamlet, the Corporation itself had taken
decision to withdraw the appeals since the compensation was
less than Rs.8,000/-. On that basis, the High Court
confirmed the market value at Rs.8,400/- per acre in Appeal
Nos.869 and 871 of 1985. In view of the fact that the
Corporation itself had taken a policy decision to withdraw
the appeals where the value of the land was determined at
the rate of Rs.8,000/- per acre and less, and since the
lands are situated in the hamlet of the main village
Naidpalli which are contiguous blocks, the determination of
the compensation in respect of these lands also would be at
the rate of Rs.8,000/- per acre.
The appeal is accordingly allowed to the above extent.
The appellant is entitled to solatium and interest on the
enhanced compensation at the rates prevailing prior to the
Amendment Act 68 of 1984. No costs.