NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL  NO(S).   8153-8154  /2008

(ARISING FROM SPECIAL LEAVE PETITION (C) NOS  .4295-4296/2015)

KALLURI VENKATA NARASIMHA RAO @ NARSINGA RAO  & ANR. APPELLANT(S)

                               VERSUS

THE LAND ACQUISITION OFFICER AND  SUB-COLLECTOR, JAGTIAL      RESPONDENT(S)

J U D G M E N T

KURIAN, J.

Leave granted.

2. The appellants are before this Court aggrieved by

two  aspects:  (i)  The  High  Court  did  not  award

compensation for the wells; and (ii) the High Court

went wrong in making a deduction of 60% from the land

value towards development charges.

3. Heard the learned counsel for the appellants and

the learned counsel appearing for the respondent.  As

far as first issue is concerned, we are of the view

that the appellants having not adduced any evidence

regarding the wells from which water have been taken

and the evidence being contrary that the wells were

in dilapidated condition, we are of the view that no

further compensation is permissible in that regard.

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4. As  far  as  development  charges  are  concerned,

learned counsel for the respondent points out that

the exemplar was only for 99 sq. yds., whereas the

total  acquired  land  is  05  acres.   In  the

circumstances,  the  High  Court  rightly  deducted  60%

towards development costs/charges, it is submitted.

5. We  are  afraid,  this  argument  cannot  be

appreciated.  There is no challenge by the respondent

on the value fixed.  The High Court has taken the

exemplar for the purpose of land value and the only

dispute  is  with  regard  to  the  deduction  towards

development  charges.  It is  not disputed  that the

acquired  land  is  abutting  residential  area  of

Mallapur, which is a Mandal Headquarter where bank,

high  school,  bus  stand,  telephone  exchange,  police

station, primary health centre, cinema hall, petrol

pumps are located.  It may be noted that there is no

discussion at all  in the impugned judgment for such

deduction. It may also be seen that even according to

the  Land  Acquisition  Collector  while  passing  the

award, the deduction was only 30% towards development

costs.

6. In  the  above  circumstances,  the  appeals  are

disposed of as follows:-

The  deduction  towards  development

costs/charges shall only be 30% of the land

value fixed by the High Court and in all

other respects the impugned judgment stands

confirmed.   The  appellants  will  also  be

entitled to statutory benefits arising out

of this re-fixation.

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7. Pending  applications,  if  any,  shall  stand

disposed of.

8. There shall be no orders as to costs.

.......................J.               [KURIAN JOSEPH]  

.......................J.               [SANJAY KISHAN KAUL]  

NEW DELHI; AUGUST 09, 2018.

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