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

Citation: [1988] SUPP. 2 S.C.R. 853 · Decided: 08-09-1988 · Supreme Court of India · Bench: G.L. OZA · Disposal: Appeal(s) allowed

Judgment (excerpt)

K. KRISHNA REDDY AND ORS. 
v. 
SPECIAL DY. COLLECTOR, LAND ACQUISITION UNIT II, 
LMD KARIMNAGAR, ANDHRA PRADESH 
SEPTEMBER 8, 1988 
[G.L. OZA AND K. JAGANNATBA SHETIY· JJ.] 
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 compensa· 
tion@ 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 mallet should not be remanded to the 
District Judge, since the claimants. being small holders and agricul· 
turists, are hard pressed and unable to fight another ro.und oflitigation 
and that they are prepared to accept any compensation which this 
A 
B 
c 
D 
E 
Court may think fit to award. 
F 
Allowing the appeals, 
HELD: .(1) The Judgments of the High Court and the District 
Judge are set aside. The compensation at the rate of Rs.25,000 per acre 
regardless of categorisation would be sufficient to meet the ends of 
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justice. It is needless to state that the claimants are entitled to manda· 
tory solatium at 30% and also statutory interest. [857G-H] 
2(i) It is of-utmost importance that the award should be made 
without delay. The enhanced compensation must be determined without 
loss of time. [857C] 
H 
853 
A 
B 
c 
D 
E 
854 
SUPREME COURT REPORTS 
[ 1988] Supp. 2 S.C.R. 
2(ii) The appellate power of remand at any rate onght not to be 
exercised lightly. It shall not be resorted to unless the award is wholly 
unintelligible. It shall not be exercised unless there is total lack of 
evidence. If remand is imperative, and if the claim for enhanced com-
pensation is tenable, it would be proper for the appellate court to do 
modest best to mitigate hardships. The appellate court may direct some 
interim payment to claimants subject to adjustment in the eventual 
award. [857C-D] 
3. This is not a cas~ of no evidence. This is a case of both relevant 
and irrelevant evidence mixed up together. Therefore irrelevant and 
exaggerated claim must be excluded. [857F] 
In the instant case, the location of lands will have to be borne in 
mind while ascertaining the market value. The Commissioner has 
stated that the lands are more suitable for house sites than for 
agriculture. There is, no reason to discard this evidence and reject Ex. 
A. 5 altogether. [856C-D] 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 
3159-3170of 1988. 
From the Judgment and Order dated 30.12.1985 of the Andhra 
Pradesh High Court in Appeal No. 2578 to 2583 of 1985. 
K. Rajendra Chowdhary and A. Sobba Rao for the Appellants. 
P.A. Choudhary, T.V.S.N. Chari, Mrs. Sunita Rao, Badrinath 
and K. Ram Kumar for the Respondent. 
F 
The Judgment of the Court was delivered by 
.TAGANNATHA SHETTY, J. We grant Special Leave and pro-
ceed to dispose of these appeals. 
These appeals are from a judgment dated 30 December, 1985 of 
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the High Court of Andhra Pradesh in a batch of appeals arising out of 
land acquisition proceedings. The lands in question are situated in 
Hasanapur of Karimnagar Taluk. The lands are acquired for the 
purpose of submergence under Lower Manair Dam Reservoir project. 
Section 4(1) notification was issued on 24 March, 1977. The land 
acquisition officer by his award dated 15 July, 1978 awarded compen-
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sation ranging from Rs.1320 to 4,000 per acre depending upon the 
K.K. REDDY v. SPECIAL DY. COLLECTOR [SHETIY, J.[ 
855 
nature of the land and the crop grown thereon. The District Judge on a 
reference under s. 18 of the Act enhanced the compensation to 
Rs.85,000 per acre regardless of categorisation. The High Court by the 
Judgment under appeals herein has remanded the matter for fresh 
disposal with liberty for both parties to adduce additional evidence. 
The High Court has specifically observed that the District Judge 
sho

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