LAND ACQUISITION OFFICER BHONGIR Vs. JADALA ANAND
LAWS(APH)-2001-1-22
HIGH COURT OF ANDHRA PRADESH
Decided on January 31,2001

LAND ACQUISITION OFFICER (REVENUE DIVISIONAL OFFICER), BHONGIR Appellant
VERSUS
JADALA ANAND Respondents


Referred Judgements :-

STATE OF KERALA VS. SRIDEVI [REFERRED TO]


JUDGEMENT

B.S.A.SWAMY, J. - (1.)CMP Nos.22950, 22953 and 22956 have been filed to condone the delay, CMP Nos.22951, 22954 and 22957 have been filed to set aside the abatement and CMP Nos.22952, 22955 and 22958 have been filed to bring the legal representatives of the deceased respondents on record.
(2.)By issuing notification under Section 4(1) of the Land Acquisition Act, an extent of Ac.3.29 guntas of land belonging to the respondents was acquired for construction of R.T.C. Bus Stand. Thereafter, the Land Acquisition Officer completed award enquiry on 27.5.1980 and fixed the compensation payable to the land losers, at the rate of Rs.35/- per square yard and deducted l/3rd of the amount for development of the land. With the result, a compensation of Rs.23.33 Ps per square yard was awarded. Aggrieved by the said award, the land losers sought for a reference under Section 18 of the Land Acquisition Act and the learned Senior Civil Judge, Nalgonda, by his award dated 10th December, 1982 enhanced the compensation at the rate of Rs.85/- per square yard and no amount was deducted for development. Aggrieved by the said award and decree, the Land Acquisition Officer preferred A.S.No.748 of 1983 on the file of this Court.
(3.)We understand that Respondent Nos.2, 3 and 4 died during the years 1992- 1993 while the appeals were pending. It is also now on record that the Land Acquisition Officer addressed a letter to the learned Government Pleader for Land Acquisition, informing the death of these respondents and to take steps to bring their legal representatives and that letter was received in the Government Pleader's Office on 22.1.1993. But the Government Pleader's Office did not take any steps to bring the legal representatives on record. It is also necessary to mention that at that point of time one Mr. Rajeev Indhani, Advocate was appearing for the land losers. When the appeal came up for hearing, the appeal was disposed of on 7th August, 1996 without knowing that respondents died and compensation was reduced to Rs.35/- per square yard. Nearly after one year, some of the living respondents filed an application to set aside the judgment and decree by stating that the appeal was disposed of ex parte since Mr. Rajeev Indhani, who suffered disqualification from appearing in the Court, did not appear in the Court on that day and the appeal was decided in his absence. This Court by an order dated 31.12.1997 having observed that the appeal was disposed of in the absence of Mr. Rajeev Indhani and also having taken note of the fact that R2, R3 and R4 died during the pendency of the appeal, set aside the judgment and decree dated 7.8.1996 on condition that the land losers pays an amount of Rs.3,000/- to Ms. Swarna Reddy, the Counsel for the Government towards costs within three weeks from that date. Their Lordships further directed that on payment of the cost, the appeal shall be restored to the file for hearing before regular Court hearing the first appeals. Thereafter, we understand that the said amount was paid and the appeal was restored to file. Nearly five years thereafter, the appeal was posted before this Court on 14.11.2002 and having noticed that in spite of the orders of the Court, the legal representatives of R2, R3 and R4 were not brought on record, we adjourned the matter by giving two weeks time. Thereafter, the present applications were filed.


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