HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2534 OF 1999 Dated: 30-03-2010 Between: The Special Deputy Collector, L.A. Unit, Huzurabad. Appellant AND Guriganti Sampath & Others. Respondents. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY A.S.No.2534 OF 1999 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal by the Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1896 (for short ‘the Act’) is directed against the orders, dated 13.11.1998 in O.P.No.83 of 1989 on the file of Senior Civil Judge, Warangal wherein the reference Court enhanced the compensation to Rs.20,000/- per acre for the acquired land as against Rs.8,500/- per acre fixed by the Land Acquisition Officer. An extent of Ac.7.33 guntas of land belonging to the claimants-respondents herein, was acquired by Government for the purpose of excavation of SRSP Canal in the limits of Varikole and Narlapur Villages by issuing draft notification under Section 4(1) of the Act on 18.11.1987. The Land Acquisition Officer, after conducting due enquiry and after obtaining necessary sale statistics, passed an award fixing the market value of the acquired land at Rs.8,500/- per acre. Not satisfied with the compensation awarded, the claimants-respondents herein sought for reference to the Civil Court under Section 18 (1) of the Act for due determination of the market value of the acquired land. On reference being made, the claimants appeared before the reference Court and filed claim statement claiming compensation at the rate of Rs.40,000/- per acre. During the enquiry, P.Ws.1 and 2 were examined and Exs.A.1 to A.5 were marked on behalf of claimants-respondents. On behalf of referring officer, R.W.1 was examined and the award copy and award proceedings were marked as Exs.B.1 and B.2. The evidence of P.W.1 discloses that with regard to the earlier acquisition of the lands covered by Exs.A.4 and A.5, which are quite adjacent to the acquired land, wherein the draft notification was published on 17.10.1987, the reference court fixed the market value at Rs.20,000/- per acre. On consideration of the evidence available on record, particularly taking into consideration the certified copy of order passed in O.P.No.75 of 1989, dated 4.12.1995 marked as Ex.A.4, the reference Court enhanced the market value of the acquired land to Rs.20,000/- per acre. The notices sent to claimant Nos.2,4,5,56,59 & 60 were returned with an endorsement ‘died’. This Court by order, dated 25.4.2006 granted two weeks’ time to bring the legal representatives of the above deceased claimants on record with a condition that failure to do so, the appeal shall stand dismissed as against those claimants as abated. Since the appellant has not taken any steps to bring the legal representatives of claimant Nos.2,4,5,56,59 & 60 on record, the appeal has already been dismissed as abated as against those claimants and in effect, the compensation fixed at Rs.20,000/- by the reference court has become final as against the claimant Nos.2,4,5,56,59 & 60. It is well settled that all the land-owners, whose lands were acquired by the same notification for the same purpose, are entitled to receive the same compensation unless it is brought on record that the land has been categorized into various categories to deny the same compensation. Since the compensation fixed by the reference Court has become final against the respondents- claimant Nos.2,4,5,56,59 & 60 in view of the dismissal of the appeal against them as abated, the other claimants, who are covered by the same notification and by the same award, are entitled to receive the very same compensation and they cannot be discriminated. In view of the same, the appeal is liable to be dismissed against the rest of the respondents-claimants. . Accordingly, the appeal is dismissed. No order as to costs. ________________ A. GOPAL REDDY, J. __________________ APRIL 21, 2010 G.V. SEETHAPATHY, J. Tsr.