Use of average sales method to revise land prices is illegal: Hyderabad High Court
Hyderabad: The Hyderabad High Court has declared that the adoption of average sales method by the District Level Special Committee as well as the district collector for revising the market value of lands in Vemulaghat village of Siddipet district (erstwhile Medak district) is prima facie illegal and unsustainable.
Justice M.S. Ramacha-ndra Rao has granted interim suspension of the proceedings issued by the district collector for taking up a special revision of market values of the lands in Vemulaghat and other villages in Siddipet district in a pet-ition by S. Narasimha Reddy and others challenging revision of market value by the collector.
The judge pointed out that the adoption of average sales method was firstly violative of Section 26 (1)(a)r-w sub section (6) of the Section 47A of Indian Stamp Act 1899 and secondly it violates principles laid down by the Supreme Court in various land acquisition cases.
Noting that as per the Telangana Revision of Market Value Guideli-nes and Rules 1998 a periodical review of market value of land once in every alternative year has to be conducted, the judge said the district collector admitted that there was no revision between April 1, 2013 and August 8, 2017 and this is indeed very fortunate.
The judge found fault with the stand of the authorities that they will pay compensation at Rs 6 lakhs per acre if the petitioners willingly give up the land, but they will pay compensation at the revised rate of '85,000 per acre if their land has to acqui-red, and later the petitioner should avail the remedies under the Act for getting enhanced compensation.
The judge said that the stand of the authorities is prima facie arbitrary and unreasonable and violates Article 14 of the Constitution and provisions of the relevant law and such a stand also not bonafide and cannot be countenanced.
Don’t destroy standing crops
The Hyderabad HC has directed the Siddipet district authorities not to disturb the standing crops in 659 acres land of farmers situated in Allipur village of Chinnakodur Mandal of the Siddipet district.
Justice A. Rajasheker Reddy was dealing with a petition of by Kankati Laxman and 119 others challenging action of the authorities in paying the meager compensation under the guise of consent awards as illegal, granted the interim order.
Ms. B Rachna Reddy, counsel for the petitioner told the court the officials are forcibly taking over the lands of the pet-itioners though they ha-ve not shown their willingness to sell their land under GO Ms No 123. The counsel informed the court that the government acquiring the petitioners lands for the construction of Anan-thagiri Sagar reservoir under the Kaleswaram Lift Irrigation Scheme,
While reminding that the GO 123 was stayed by this HC, she sought dire-ctions to initiate proceedings under the Land Acquisition Act, 2013.
The judge directed the authorities not to disturb the standing crops till next date of hearing.
