Full Judgment Text
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PETITIONER:
ADAVALA SATHAIAH & ORS.
Vs.
RESPONDENT:
THE SPECIAL DY. COLLECTOR,LAND ACQUISITION UNIT I & ORS.
DATE OF JUDGMENT: 26/11/1996
BENCH:
K. RAMASWAMY, G.T. NANAVATI
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Respondent Nos.2, 3, 5, 6, 11 to 14 and 18 have left
their respective places without any instructions as per
endorsement made by the Postal authorities. Under these
circumstances, notice on them is not necessary. Regarding
respondent Nos.4, 7 to 10, 15 to 17 and 19 to 20, it is
stated that neither unserved envelops nor A.D. Cards have
been received back by the Registry. Under these
circumstances, they must be deemed to have been served. Even
though the petitioners succeed, these respondents cannot get
the same benefit because they did not challenge the award.
They being pro forma respondents, notice on them is not
necessary.
Leave granted.
Heard learned counsel on both sides.
This appeal by special leave arises from the judgment
and decree of the A.P. High Court, made on March 3, 1992 in
the Appeal No.2660/85. A notification under Section 4(1) of
the Land Acquisition At, 1894 was published on December 8,
1979, acquiring 71 acres 12 cents of land for the public
purpose, namely, erection of National Thermal Power
Corporation. The Land Acquisition Officer awarded Rs.4,000/-
and Rs.4,500/- per acre for Group I and Group II of the
lands. On reference, the Subordinate Judge enhanced the
compensation to Rs.10,000/- and Rs.11,500/- per acre for
Group I and Group II respectively. On appeal, the High Court
set aside the judgment and remanded the matter to the trial
Court for reconsideration. Thus this appeal by special
leave.
It is seen that all the lands were agricultural lands
at the time of acquisition and their prevailing market value
varies between Rs.6,000/- to Rs.6,500/- per acre. Under
these circumstances, it would be just and proper if the
compensation is fixed at Rs.6,000/- per acre uniformly to
all the lands. It is ordered accordingly.
The appeal is allowed. No costs.