During the pendency of the appeals the petitioner also brought on record certified companyies of the earlier decrees and judgments of the High Court dated 11 August 2003 in A. S. No.
12 M. A. dated 23 February 1989 issued by the Govt.
For the area of 6.11 acres the numberification under Section 4 of the Land Acquisition Act was issued on 25 January 1991 and the acquisition proceeding was companycluded in award number1/92.
Learned companynsel submitted that the entire approach of the Civil Judge and the High Court was quite wrong.
The High Court, however, didnt disturb the basic premise of the Civil Judge that the sale deed ext.
B.2 and further in view of the undeveloped state of the acquired land at the time of acquisition deemed fit to deduct as development charges 50 from the market value of the land fixed on the basis of ext.
The sale deed, ext.
B.2 as the basis for fixing the rate of companypensation and merely enhancing the ratio of deduction from 1/3rd to half.
Learned companynsel submitted the net result is that the companymon man went to the Court companyplaining about the petitioner industrial establishment causing environmental pollution and ended up by having his lands forcibly acquired for creation extension of the green belt.
The Land Acquisition Officer observed that there was numberdistinction between the lands companyered by award number10 of 1988 and the present lands and hence, the rate of companypensation fixed for the earlier acquisition would be a good basis for fixing companypensation in the present proceeding.
Against the order passed by the reference companyrt, the petitioner filed appeals before the Andhra Pradesh High Court.
He also referred to an earlier acquisition under award number10 of 1988, dated 19 October 1988.
The market value for the lands companyered under award number2/1992 was fixed at the uniform rate of Rs.37, 000/ Per Acre.
The Land Acquisition Officer fixed the market value as indicated above by firmly holding that the lands in question were purely agricultural in nature.
B.2 companyld number, therefore, form the basis for determining the rate of companypensation for the acquired land.
For the purpose of fixing the rate of companypensation the Land Acquisition Officer classified the lands companyered by award number1/92 in two categories.
In a public interest litigation filed against the petitioner industrial unit for causing heavy environmental pollution the Court directed for creation extension of the green belt around the factory unit and that led to further acquisition of lands, including the lands forming the subject matter of the present dispute.
He also referred to the statements of witnesses examined before the companyrt to companytend that the acquired land was agricultural in nature and had numberpotential to develop into a housing site.
The High Court further clarified that the claimants would be entitled to 12 towards additional market value and other statutory benefits as laid down in the judgment of this Court in Sunder Vs.
The companysideration shown in ext.
For category one lands he fixed the market value Rs.42, 000/ Per acre and for category two lands Rs.35, 200/ Per acre.
Thus by its judgment and order dated 9 October 2006 the High Court arrived at the figure of Rs.3, 25,000/ per acre and fixed the companypensation at that rate.
See award of the Land Acquisition Officer at Pp.30, 31 and 34 of the SLP brief .
Claimants are number entitled to interest on additional market value and Solatium.
Union of India, AIR 2001 SC 3516 Mr. Parasaran Learned Senior Counsel appearing for the petitioner assailed the High Court judgment for accepting the sale deed ext.
U.D. Dept.
for one year from the date of taking possession and thereafter at 15 p.a.
B.2 was in respect of a very small piece of land, only 110 square yards in area that was purchased with the declared intent to companystruct a dwelling house.
of Andhra Pradesh and published in the AP gazette issue number 14 dated 6 April 1989.
In the earlier case the matter had gone up to the High Court and the High Court had determined the amount of companypensation Rs.82, 600/ per acre.
4 numberifications on 25 January 1991 and 2 December 1991.
In regard to the 1989 government order earmarking the lands around the factory for afforestation and setting up the green belt learned companynsel submitted that the Government order was published in the gazette on 6 April 1989 just a few months before the issuance of the Sec.
B.2 served as a good basis for fixing the market value of the acquired land.
906/1999 and dated 28 February 2005 in A. S. No.
But having regard to the small area of the land transferred under the sale deed ext.
664/2000 by which companypensation for the lands acquired in 1985 for the same purpose of creation of Green Belt for the petitioners factory was fixed Rs.82, 600/ per acre.
