9911796707
TMI Blog1994 (9) TMI 342X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in different survey numbers of Nedunoor Village, Karimnagar District of the State of Andhra Pradesh were required for submergence under the waters of Maneru Dam. Those agricultural lands were acquired pursuant to notification published in the State Gazette dated 2-2-1979, as required by Section 4(1) of the Act. The agricultural lands so acquired, were dry lands, single crop wet lands, and double crop wet lands. In some of those agricultural lands, there were irrigation wells, as well. 3. The Land Acquisition Officer (LAO), by an award made under Section 11 of the Act determined the market value of the said agricultural lands and the said irrigation wells separately and awarded compensation payable thereunder, to the owners concerned o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rket value of the acquired agricultural lands and enhanced market value of the irrigation wells, and further granting solatium on such market value at 30 per cent and interest on compensation at 9 per cent for the first year from the date of taking possession and for the subsequent years up to the date of payment of compensation at the rate of 15 per cent per annum. 5. But the said award of the Civil Court by which compensation payable for the acquired agricultural lands and irrigation wells had been enhanced, was questioned by the LAO in an appeal filed against it before the High Court. However, the market value of the agricultural lands, as enhanced by the award of the Civil Court was not interfered with by the High Court on its view t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wells, since at the time of grant of leave, the appeal is restricted to the consideration of grant of enhanced compensation to the appellants for their irrigation wells. 7. The learned counsel for the appellants, the owners of the acquired agricultural lands, contended that the High Court was unjustified in relying upon the estimated costs of irrigation wells in the acquired appellants lands prepared by the Public Works Department, for determining the market value of those irrigation wells, when the Civil Court had rightly refused to rely upon such estimated costs in the absence of records of such estimated costs produced before it. According to the learned counsel, when the Civil Court had determined the market value of the irrigation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is appeal shall be restricted to claim of the appellants for grant of enhanced compensation for their irrigation wells. 10. When agricultural lands are acquired under the Act, the owners of such lands or persons who have interest in them become entitled to payment of compensation awardable for such lands under the Act. The main component of such compensation would be the market value of the acquired agricultural land. Market value of agricultural land has to be determined under the Act with reference to the date on which preliminary notification was published in the State Gazette proposing its acquisition and according to the price which a buyer interested in agriculture would have paid for it to the owner having regard to its soil, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the irrigation well, is acquired, the value of the land so acquired will have to be determined taking into consideration the irrigation facility it had from the well. In this situation the irrigation well in an acquired agricultural land, cannot have a value apart from the value of the agricultural land itself. The LAO, the Civil Court and the High Court, when have determined the market value of the irrigation wells and awarded compensation to the owners of those wells, having determined the market value of the acquired agricultural lands on the basis of nature of crops grown on them obviously taking into consideration, the water facility they had from the irrigation wells situated, in them, they have proceeded on a misconception that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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