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K. KRISHNA REDDY AND ORS. vs. SPECIAL DY. COLLECTOR, LAND ACQUISITION UNIT II, LMD KARIMNAGAR, ANDHRA PRADESH

SCR Citation: [1988] Supp. (2) S.C.R. 853
Year/Volume: 1988/ Supp. (2)
Date of Judgment: 08 September 1988
Petitioner: K. KRISHNA REDDY AND ORS.
Disposal Nature: Appeals Allowed
Neutral Citation: 1988 INSC 265
Judgment Delivered by: Hon'ble Mr. Justice K. Jagannatha Shetty
Respondent: SPECIAL DY. COLLECTOR, LAND ACQUISITION UNIT II, LMD KARIMNAGAR, ANDHRA PRADESH
Case Type: CIVIL APPEAL /3159-3170/1988
Order/Judgment: Judgment
1. Headnote

Land Acquisition Act, 1894, ss. 4 (1) and 18-Award and payment of compensation-To be made without delay-Appellate power of remand-When to be exercised.

The appellants were awarded by the Land Acquisition Officer compensation ranging from Rs.1,320 to 4,000 per acre depending upon the nature of the land acquired in 1977. The District Judge enhanced the compensation to Rs.85,000 per acre on the ground that compensation@ Rs.85,000 per acre under Award Ex. A.4 and Rs. 70,000 under Award Ex. A.5 had already been awarded in respect of acquisition of certain other similar lands situated in Karimnagar. However, the High Court, in appeal, remanded the matter for fresh disposal and also observed that the District Judge should exclude Ex. A.4 and Ex. A. 5 from consideration as the land concerned in those awards are not comparable lands.

In appeals to this Court by Special Leave, it was contended on behalf of the appellants that the matter should not be remanded to the District Judge, since the claimants being small holders and agriculturists, are hard pressed and unable to fight another round of litigation and that they are prepared to accept any compensation which this Court may think fit to award.

Allowing the appeals, 

2. Case referred
3. Act
  • Land Acquisition Act, 1894 (1 of 1894)
4. Keyword
  • Land Acquisition Act 1894
  • ss. 4( 1) and 18
  • award and payment of compensation
  • appellate power of remnd